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LIBERTY MUT. INS. CO. v. ROTCHES PORK PACKERS, INC.

Nos. 690, 843, Dockets 91-7831, 91-7889.

969 F.2d 1384 (1992)

LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Arbogast & Bastian, Inc., Liberty Mutual Insurance Company, Plaintiffs-Appellees-Cross-Appellants, v. ROTCHES PORK PACKERS, INC., Defendant, Bankers Trust Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Robert Fracasso, New York City (Naomi B. Waltman, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant-cross-appellee.

Richard Weinberger, New York City (Harvey L. Woll, Ballon, Stoll & Itzler, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Before: MINER, ALTIMARI, and MAHONEY, Circuit Judges.

J. DANIEL MAHONEY, Circuit Judge:

Defendant-appellant-cross-appellee Bankers Trust Company ("Bankers Trust") appeals from a judgment in the amount of $1,363,147.21 entered August 8, 1991 in the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, to enforce a statutory trust under section 206 of the Packers and Stockyards Act of 1921, as amended (the "Act"), 7 U.S.C. § 196 (1988).1

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