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IN RE DEPENDABLE FOOD PRODUCTS, INC.

Bankruptcy No. 193-12161-352. Adv. No. 195-1089-352.

193 B.R. 662 (1996)

In re DEPENDABLE FOOD PRODUCTS, INC., Debtor. Paul I. KROHN, Esq., Plaintiff, v. ADM MILLING CO., Defendant.

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

March 29, 1996.

Attorney(s) appearing for the Case

Finkel Goldstein Berzow & Rosenbloom, New York City by Kevin Nash for Plaintiff-Chapter 7 Trustee.

Dewey Ballantine, New York City by Stuart Hirshfield, for defendant.

Backenroth & Grossman, New York City, for Debtor.

Paul I. Krohn, Brooklyn, NY, Plaintiff-Chapter 7 Trustee.

MARVIN A. HOLLAND, Bankruptcy Judge:

Before this Court are cross-motions for summary judgment by Paul I. Krohn, Chapter 7 Trustee (hereinafter, the "Trustee") of the estate of the Debtor, Dependable Food Products, Inc. (hereinafter, the "Debtor"), and ADM Milling Co. (hereinafter, "ADM"), the Defendant in this adversary proceeding.

For the reasons that follow, we GRANT ADM's motion for summary judgment and DENY the...

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