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IN RE OLD FASHIONED ENTERPRISES, INC.

No. 8:99CV43.

245 B.R. 639 (2000)

In re OLD FASHIONED ENTERPRISES, INC., d/b/a Garden Café, Debtor. Demma Fruit Company, Ltd., Plaintiff, v. Old Fashioned Enterprises, Inc., d/b/a Garden Café, Defendant. Norwest Bank Nebraska, N.A., A National Banking Association, Intervenor.

United States District Court, D. Nebraska.

February 4, 2000.

Attorney(s) appearing for the Case

Steven H. Krohn, Smith, Peterson Law Firm, Council Bluffs, IA, for Plaintiff.

Donald J. Pavelka, Jr., Locher, Cellilli Law Firm, Omaha, NE, for Intervenor.

Robert V. Ginn, Brashear, Ginn Law Firm, Omaha, NE, for Defendant.

ORDER

BATAILLON, District Judge.

I. Introduction

Before me is the appeal (Filing Nos. 1, 2) by Demma Fruit Company, Ltd. (Demma), from the January 14, 1999, order of Chief Bankruptcy Judge Timothy J. Mahoney granting summary judgment to Old Fashioned Enterprises, Inc. (OFE). The bankruptcy court ruled that the Perishable Agricultural Commodities Act of 1930, 7 U.S.C. §§ 499a-499t (PACA), did not apply to retail restaurants such as OFE...

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