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IN RE LOMBARDO FRUIT AND PRODUCE CO.

Nos. 93-1894, 93-1897.

12 F.3d 806 (1993)

In re LOMBARDO FRUIT AND PRODUCE COMPANY, Debtor. TOM LANGE COMPANY, INC. Plaintiff-Appellant, Pupillo Brokerage Company, Plaintiff, v. LOMBARDO FRUIT AND PRODUCE COMPANY; Uni-Fin Corporation; Defendants-Appellees. In re LOMBARDO FRUIT AND PRODUCE COMPANY, Debtor. TOM LANGE COMPANY, INC. Plaintiff-Appellee, Pupillo Brokerage Company, Plaintiff, v. LOMBARDO FRUIT AND PRODUCE COMPANY, Defendant, Uni-Fin Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1993.

Rehearing Denied February 4, 1994.

Attorney(s) appearing for the Case

Stephen P. McCarron, Washington, DC, argued, for plaintiff-appellant.

Jeffrey Blumenthal, Chicago, IL, argued, for defendants-appellees.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Tom Lange Company ("Lange") appeals the district court's affirmance of the bankruptcy court's judgment denying its claim for trust protection under the Perishable Agricultural Commodities Act ("PACA"). Though judgment in its favor was affirmed by the district court, Uni-Fin cross-appeals the district court's rejection of the bankruptcy court's analysis. We affirm in part, reverse in part, and remand.

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