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ALLIANCE SHIPPERS, INC. v. STARRETT

Civil No. 10-198-P-H.

742 F.Supp.2d 153 (2010)

ALLIANCE SHIPPERS, INC., Plaintiff v. Frederick D. STARRETT, III, Jay Y. McCrum and Gordon R. Pow, Defendants.

United States District Court, D. Maine.

October 7, 2010.

Attorney(s) appearing for the Case

Ronald Horowitz , Law Office of Ronald Horowitz, Middletown, NJ, Glen L. Porter , Eaton Peabody , Bangor, ME, for Plaintiff.

Joseph W. Baiungo , Law Office of Joseph W. Baiungo, Belfast, ME, Lee H. Bals , Marcus, Clegg & Mistretta, P.A., Portland, ME, for Defendants.

DECISION AND ORDER ON MOTION TO DISMISS

D. BROCK HORNBY, District Judge.

This lawsuit grows out of the failure of a Maine potato business, Penobscot Frozen Foods, Inc. Its secured creditor, a bank, sold Penobscot Frozen Foods' business assets, including accounts receivable, to Penobscot McCrum, LLC, a Maine limited liability company, at public foreclosure auctions. Some of those accounts receivable were payment obligations of consignees who received interstate...

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