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IN RE BEAR KODIAK PRODUCE, INC.

Bankruptcy No. 02-00492-TUC-EWH. Adversary No. 02-0034.

283 B.R. 577 (2002)

In re BEAR KODIAK PRODUCE, INC., Debtor. Callaway Produce Co., LLC. and Sunkist Growers, Inc., Plaintiffs, v. Bear Kodiak Produce, Inc., Bank of Tucson and Sharon Maxwell, Chapter 7 Trustee, Defendants.

United States Bankruptcy Court, D. Arizona.

September 4, 2002.

Attorney(s) appearing for the Case

Walter F. Wood, Tucson, AZ, for Debtor.

Susan G. Boswell, Paul Correa, Quarles & Brady Streich Lang, LLP, Tucson, AZ, Lewis P. Janowsky, Rynn & Janowsky, Newport Beach, CA, for Plaintiffs.

Scott D. Gibson, Kristen M. Green, Gibson, Nakamura & Decker, PLLC, Tucson, AZ, for Bank of Tucson.

MEMORANDUM DECISION

EILEEN W. HOLLOWELL, Bankruptcy Judge.

I. INTRODUCTION

In this case the court must determine if certain assets are part of the trust created to protect produce growers under the Perishable Agricultural Commodities Act of 1930, as amended in 1984, 7 U.S.C. §§ 499 et seq. (PACA). For the reasons set forth below, the court finds that some, but not all, of the assets...

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