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IN RE CHIPWICH, INC.

Bankruptcy No. 92 B 44298. Adv. No. 93 B 8403 A.

165 B.R. 135 (1994)

In re CHIPWICH, INC., Debtor. ANIC, INC., Country Pride Foods, Ltd., Endico Potatoes, Inc., Interamerican Quality Foods, Inc., Richard Lanza, McCain Foods, Inc., Northam Food Trading Co., Paris Foods Corp., and UFS Industries, Inc. d/b/a Sally Sherman Foods, Plaintiffs, v. CHIPWICH, INC., Chipwich, Inc. d/b/a Peltz Food Corp., First Fidelity Bank, N.A., Samuel Metzger and Robert B. Peltz, Dorothea Bossio, John Does 1 through 10, 10 Corporations ABC, Inc. through XYZ, Inc. individually and d/b/a "Peltz Food Corp." and/or "Peltz Food Company", Defendants.

United States Bankruptcy Court, S.D. New York.

March 14, 1994.

Attorney(s) appearing for the Case

M. Mandell, Annandale, NJ, for McCain Foods, Inc. ("McCain") and Interamerican Quality Foods, Inc. ("IQF") collectively, plaintiffs.

J.P. Amato, Hahn & Hessen, New York City, for First Fidelity Bank, Nat. Ass'n, New Jersey (the "Bank").

J. Hassid, Swerdlin & Hassid, New York City, for Robert B. Peltz.

MEMORANDUM OF DECISION ON MOTION TO DISMISS CERTAIN AFFIRMATIVE DEFENSES

FRANCIS G. CONRAD, Bankruptcy Judge.*

This contested matter is before us1 upon a Motion to Dismiss Affirmative Defenses to the complaint filed by Plaintiffs, under Fed. R.Civ.P. 7(b) and Fed.R.Bkrtcy.P. 7007. The issue before us is whether sellers of goods under the Perishable Agricultural Commodities Act of 1930, as amended...

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