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IN RE AMERISERVE FOOD DISTRIBUTION, INC.

Nos. 00-0358(PJW), 00-748 SLR.

267 B.R. 668 (2001)

In re AMERISERVE FOOD DISTRIBUTION INC., et al., Debtors. Lamb-Weston, Inc., Plaintiff, v. Ameriserve Food Distribution, Inc., et al., Defendants.

United States District Court, D. Delaware.

September 28, 2001.

Attorney(s) appearing for the Case

Duane E. Werb, and Kimberly E.C. Lawson, Werb & Sullivan, Wilmington, Delaware, Counsel for plaintiff Lamb-Weston, Inc., Of counsel, Hartley B. Martyn, and Mark A. Amendola, Cleveland, Ohio.

Laura Davis Jones, and Michael R. Seidl, Pachulski, Stang, Ziehl, Young & Jones, P.C., Wilmington, Delaware, Counsel for defendant AmeriServe Food Distribution, Inc., Of counsel, Timothy D. Elliott, and Brandon Fox, Kirkland & Ellis, Chicago, Illinois.

MEMORANDUM OPINION

ROBINSON, Chief Judge.

I. INTRODUCTION

This matter is before the court on defendant AmeriServe Food Distribution, Inc.'s ("AmeriServe") motion for partial summary judgment. (D.I.25) Plaintiff Lamb-Weston, Inc. ("Lamb-Weston") has filed its opposition and AmeriServe has filed a reply. (D.I.44, 47) For the reasons that follow, AmeriServe's motion for partial summary judgment...

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