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IN RE N. MERBERG & SONS, INC.

Bankruptcy No. 91 B 20853 (HS). Adv. No. 93-5721A.

166 B.R. 567 (1994)

In re N. MERBERG & SONS, INC., Debtors. Eric KURTZMAN, as Trustee of N. Merberg & Sons, Inc., Plaintiff, v. CIT BUSINESS CREDIT CORP., Defendant.

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

April 25, 1994.

Attorney(s) appearing for the Case

Robert R. Herzog (Paul D. Feinstein, of counsel), New York City, for debtors.

Kreindler & Relkin, P.C. (Donald P. Relkin, of counsel), New York City, for defendant.

MEMORANDUM DECISION REGARDING THE TRUSTEE'S CLAIMS UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT

STUART M. BERNSTEIN, Bankruptcy Judge.

The defendant, CIT Business Credit Corp. ("CIT") moves to dismiss certain claims (the "PACA Claims") asserted in the Plaintiff's Amended Complaint, filed November 12, 1993 (the "Amended Complaint"). The PACA Claims seek, in substance, to invalidate the pre-petition security agreement...

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