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IN RE MOUNTAIN DAIRIES, INC.

No. 07-35638(CGM).

372 B.R. 623 (2007)

In re MOUNTAIN DAIRIES, INC., Alleged Debtor.

United States Bankruptcy Court, S.D. New York.

July 25, 2007.

Attorney(s) appearing for the Case

Andrew J. Romanow, Brian H. Simmons, Buchanan Ingersoll & Rooney, PC, Buffalo, NY, for Schneider-Valley Farms, Inc.

Michael L. Carey, Jacobowitz & Gubits, LLP, Walden, NY, for Mountain Dairies, Inc.

MEMORANDUM DECISION ON DISMISSAL OF INVOLUNTARY PETITION

CECELIA G. MORRIS, Bankruptcy Judge.

This matter arises from an involuntary petition filed against Mountain Dairies, Inc. ("Mountain Dairies") by a single petitioning creditor, Schneider-Valley Farms, Inc. ("Schneider-Valley"). Mountain Dairies timely opposed entry of an order for relief, and the Court conducted an evidentiary hearing on June 27, 2007. For the reasons set forth...

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