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IN RE RESERVOIR DOGS, INC.

Bankruptcy No. 00 B 21434, Adversary No. 00 A 00758.

253 B.R. 422 (2000)

In re RESERVOIR DOGS, INC., d/b/a Johnny D's, Debtor. Sysco Food Services Chicago, Inc., Plaintiff, v. Reservoir Dogs, Inc., d/b/a Johnny D's, Defendant.

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

October 6, 2000.

Attorney(s) appearing for the Case

Louis M. Diess, III, Stephen McCarron, McCarron & Assocs., Washington, D.C., Colby M. Green, Krasnow, Sanberg, Cornblath & Hobbs, Chicago, IL, for Sysco Food Services Chicago, Inc.

William l. Needler, William L.Needler & Assocs., Ltd., Chicago, IL, for Debtor/Defendant.

MEMORANDUM OF OPINION

EUGENE R. WEDOFF, Bankruptcy Judge.

This adversary proceeding has been brought against the debtor in this Chapter 11 case by a seller of fresh produce, seeking to enforce a trust created by the Perishable Agricultural Commodities Act ("PACA"). The proceeding is now before the court on motions for injunctive relief, filed by the plaintiff, and a motion to dismiss, filed by the debtor. For the reasons discussed below, because the debtor...

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