MATTER OF GAROFALO'S FINER FOODS, INC.

Bankruptcy No. 90 B 8112. No. 94 C 1157. No. 92 A 108.

186 B.R. 414 (1995)

In the Matter of GAROFALO'S FINER FOODS, INC., Debtor. Philip V. MARTINO, as Trustee, Plaintiff/Appellee and Cross-Appellant, v. FIRST NATIONAL BANK OF HARVEY, Defendant/Appellant and Cross-Appellee.

United States District Court, N.D. Illinois, Eastern Division.

August 18, 1995.


Attorney(s) appearing for the Case

Richard W. Burke, Gerard Dennis Ring, Burke, Warren & MacKay, Chicago, IL, Earle S. Rappaport, Jr., Richard T. Reibman, Paul Joseph Gaynor, Schwartz, Cooper, Greenberger & Krauss, Chicago, IL, for First National Bank of Harvey.

Faye B. Feinstein, Keith Adam Goldberg, John McGinnis, Altheimer & Gray, Chicago, IL, for Philip V. Martino.

Philip V. Martino, Trustee, Rudnick & Wolfe, Chicago, IL.


MEMORANDUM OPINION AND ORDER

COAR, District Judge.

The defendant/appellant/cross-appellee First National Bank of Harvey ("FNB-Harvey") has appealed the February 17, 1994 decision of the bankruptcy court wherein that court concluded that FNB-Harvey violated 11 U.S.C. sections 364(b), (c) and (d) by extending post-petition overdraft credits to debtor Garofalo's Finer Foods, Inc. ("Garofalo's") outside of the ordinary course of business as contemplated...

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