Legal Opinion
Sysco Food Services Chicago, Inc. v. Reservoir Dogs, Inc. (In re Reservoir Dogs, Inc.)
United States Bankruptcy Court, N.D. Illinois
Decided October 6, 2000No. Bankruptcy No. 00 B 21434; Adversary No. 00 A 00758PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF OPINION
EUGENE R. WEDOFF, Bankruptcy Judge.
This adversary proceeding has been brought against the debtor in this Chapter 11 case by a seller of fresh produce, seeking to enforce a trust created by the Perishable Agricultural Commodities Act (“PACA”). The proceeding is now before the court on motions for injunctive relief, filed by the plaintiff, and a motion to dismiss, filed by the debtor. For the reasons discussed below, because the debtor is a restaurant whose purchases of perishable agricultural commodities did not exceed $230,000 annually, the debtor is not a “dealer”…
2Cases cited8 opinions
- Lorillard v. PonsSupreme Court of the United States · 1978
- George Steinberg and Son, Inc. v. Earl L. Butz, Secretary of Agriculture, and United States of AmericaCourt of Appeals for the Second Circuit · 1974
- In Re Magic Restaurants, Inc.Court of Appeals for the Third Circuit · 2000
- Monteverde's Inc. v. Italian Oven, Inc. (In Re Italian Oven, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1997
- Sysco Food Services of Seattle, Inc. v. Country Harvest Buffet Restaurants, Inc. (In Re Country Harvest Buffet Restaurants, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
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3Cited by1 opinion
- Tomatoes Extraordinaire, Inc. v. BerkleyCalifornia Court of Appeal · 2013