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IN RE S.N.A. NUT CO.

Bankruptcy Nos. 94 B 5993, 95 A 196.

191 B.R. 117 (1996)

In re S.N.A. NUT COMPANY, Debtor. S.N.A. NUT COMPANY, Plaintiff, v. The HAAGEN-DAZS COMPANY, INC., Defendant.

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

January 22, 1996.

Attorney(s) appearing for the Case

Michael Desmond, United States Trustee, Chicago, IL.

Ronald R. Peterson, Catherine Steege, Frances Gecker, Jerry L. Switzer, Jr., Jenner & Block, Chicago, IL.

James R. Figliulo, Peter A. Silverman, Foran & Schultz, Chicago, IL.

Richard Q. Russeth, Teaneck, NJ, for Haagen-Dazs Company, Inc.

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This matter comes before the Court on the Motion of S.N.A. Nut Company ("Debtor") to Strike the Affirmative Defense and Dismiss the Counterclaim of Haagen-Dazs Company, Inc. ("Haagen-Dazs"). Debtor was engaged in the business of processing and selling various types of nuts. On March 24, 1994, Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (11 U.S.C.) ("Code"). On January...

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