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IN RE LONG JOHN SILVER'S

Bankruptcy Nos. 98-1164(MFW) to 98-1169(MFW).

230 B.R. 29 (1999)

In re LONG JOHN SILVER'S RESTAURANTS, INC., et al., Debtors.

United States Bankruptcy Court, D. Delaware.

February 10, 1999.

Attorney(s) appearing for the Case

Ronald DeKoven, George J. Wade, Mark J. Shapiro, Shearman & Sterling, New York City, Counsel for Debtors and Debtors in Possession.

Pauline K. Morgan, Brendan Linehan Shannon, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, Co-counsel for Debtors and Debtors in Possession.

Hartley B. Martyn, Mark A. Amendola, Martyn & Associates, Cleveland, OH, Counsel for Lamb-Weston, Inc.

Bayard J. Snyder, Snyder & Associates, Wilmington, DE, Co-counsel for Lamb-Weston, Inc.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

This matter is before us pursuant to the Motion of Lamb-Weston, Inc. ("Lamb-Weston") for Immediate Payment of Non-Estate PACA Trust Claims.2 Resolution of the Motion requires that we determine whether the goods sold by Lamb-Weston (french fries) to Long John Silver's Restaurants, Inc. ("LJS"), the Debtor, are "perishable agricultural commodities...

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