IN RE FLEMING COMPANIES, INC.

Bankruptcy No. 03-10945 (MFW). Adversary No. 03-56207 (MFW). Civ. No. 03-1049-SLR.

316 B.R. 809 (2004)

In re FLEMING COMPANIES, INC., Debtor. Cavendish Farms, et al., Plaintiffs, v. Fleming Companies, Inc., et al., Defendants.

United States District Court, D. Delaware.

November 8, 2004.


Attorney(s) appearing for the Case

Richard H. Cross, Jr., Esquire of Cross & Simon, LLC, Wilmington, Delaware. Counsel for Plaintiffs. Of Counsel: Michael J. Keaton, Esquire, Mary E. Gardner, Esquire of Keaton & Associates, Palatine, Illinois.

Christopher James Lhulier, Esquire of Pachulski, Stang, Ziehl, Young & Jones, P.C., Wilmington, Delaware. Counsel for Defendants. Of Counsel: Richard L. Wynne, Esquire of Kirkland & Ellis, Los Angeles, California and James H.M. Sprayregen, Esquire, Timothy D. Elliott, Esquire, Jeffrey R. Miller, Esquire of Kirkland & Ellis, Chicago, Illinois.


MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On November 18, 2003, defendants filed a motion to withdraw the bankruptcy reference pursuant to 28 U.S.C. § 157(d). The motion was granted. Now before the court is defendants' motion for summary judgment against Dole Packaged Foods and Del Monte (D.I.18), plaintiffs Dole Packaged Foods' and Del Monte's cross motion for summary judgment (D.I.20), plaintiffs' motion for summary...

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