Legal Opinion

Cavendish Farms v. Fleming Companies, Inc. (In Re Fleming Companies, Inc.)

District Court, D. Delaware

Decided November 8, 2004No. Bankruptcy No. 03-10945 (MFW). Adversary No. 03-56207 (MFW). Civ. No. 03-1049-SLRPublishedCited by 5 opinions

1Opinion of the Court

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 judgment directed to “battered and coated produce” (D.I.27), and plaintiffs’ motion for partial summary judgment on fees and interest charges. (D.I.32)

II.…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  5. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior, Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995

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3Cited by5 opinions

  1. Boston Scientific Scimed, Inc. v. Cordis Corp.District Court, D. Delaware · 2006
  2. Skyline Potato Co. v. Hi-Land Potato Co.District Court, D. New Mexico · 2016
  3. Cox v. Decas Cranberry Products, Inc. (In Re Meyer's Bakeries, Inc.)United States Bankruptcy Court, W.D. Arkansas · 2009
  4. In re: Something Sweet Acquisition, Inc., et al. v. Peterson Farms, Inc., et al.United States Bankruptcy Court, D. Delaware · 2025
  5. Yucaipa American Alliance Fund II, LP v. BDCM Opportunity Fund II, LP (In re Allied System Holdings Inc.)District Court, D. Delaware · 2016

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