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IN RE FLEMING COMPANIES, INC.

Bankruptcy No. 03-10945(MFW), Adversary No. 05-78119.

347 B.R. 163 (2006)

In re FLEMING COMPANIES, INC., Debtor. PCT, Plaintiff, v. Authentic Specialty Foods, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

July 31, 2006.

Attorney(s) appearing for the Case

Wilmer C. Bettinger, Esquire, David M. Fournier, Esquire, Adam Hiller, Esquire, Pepper Hamilton LLP, Wilmington, DE, Robert S. Hertzberg, Esquire, David Murphy, Esquire, Tammie J. Tischler, Esquire, Pepper Hamilton LLP, Detroit, MI, for the Plaintiff.

Thomas P. Brennan, Esquire, Jennifer B. Hildebrandt, Esquire, Paul Hastings, Janofsky & Walker LLP, Los Angeles, CA, for the Defendant.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of the PCT ("the Plaintiff') for leave to amend its complaint. The Motion is opposed by Authentic Specialty Foods, Inc. ("the Defendant"). For the reasons set forth below, the Motion will be granted.

I. BACKGROUND

On April 1, 2003, Fleming Companies, Inc., and related companies (the "Debtors") filed voluntary...

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