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IN RE OLD FASHIONED ENTERPRISES, INC.

No. 00-1745.

236 F.3d 422 (2001)

In re: OLD FASHIONED ENTERPRISES, INC., doing business as Garden Café, Debtor, Demma Fruit Company, Ltd., Appellant, v. Old Fashioned Enterprises, Inc., doing business as Garden Café, Appellee, Norwest Bank Nebraska, N.A., A National Banking Association, Intervenor — Appellee, U.S. Trustee.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2001.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Stephen Paul McCarron of Washington, DC. Steven H. Krohn of Council Bluffs, IA, on the brief.

Counsel who presented argument on behalf of the appellee was Donald J. Povelka, Jr. of Omaha, NE.

Before McMILLIAN, LAY, and ROSS, Circuit Judges.

ROSS, Circuit Judge.

Demma Fruit Company, Ltd. (Demma) appeals a judgment of the district court entered in favor of Old Fashioned Enterprises, Inc. (OFE), a restaurant chain. In re Old Fashioned Enter., 245 B.R. 639 (D.Neb.2000). The sole issue in this appeal is whether OFE is a "dealer" as defined in the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. § 499a(b)(6). The district court held it was not. We reverse...

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