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IN RE MAGIC RESTAURANTS, INC.

No. 99-5113.

205 F.3d 108 (2000)

In re MAGIC RESTAURANTS, INC.; Magic American Cafe, Inc., Debtors Magic Restaurants, Inc.; Magic American Cafe, Inc. v. Bowie Produce Co., Inc., Appellant Patricia A. Staiano, Trustee.

United States Court of Appeals, Third Circuit.

Filed: March 1, 2000.

Attorney(s) appearing for the Case

Stephen P. McCarron (Argued), McCarron & Associates, Washington, DC, Mark Minuti, Saul, Ewing, Remick & Saul, Wilmington, DE, for Bowie Produce Co., Inc.

Brendan Linehan Shannon (Argued), Laura Davis Jones, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, John A. Lee, Andrews & Kurth, L.L.P., Houston, TX, for Magic Restaurants, Inc. and Magic American Cafe, Inc.

Before: NYGAARD, RENDELL and ROSENN, Circuit Judges.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ROSENN, Circuit Judge.

The sole question presented by this appeal is whether restaurants are "dealers" under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq. ("PACA"), and therefore subject to its trust provision, 7 U.S.C. § 499e(c). The United States Bankruptcy Court for the District of Delaware held that they are, and subsequently granted...

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