Official Creditors' Committee of James B. Downing & Co. v. Agri Dairy Products, Inc. (In Re James B. Downing & Co.)
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
ROBERT E. GINSBERG, Bankruptcy Judge.
This matter is before the Court on the motion of the plaintiff, the Official Creditors Committee (the “Committee”) of James B. Downing & Company (“Downing”) for summary judgment against the defendants Cereal-By-Products (“Cereal”) and Better Nutrients (“Nutrients”).
The basic facts are simple. Downing had a facility in Adell, Wisconsin which produced a standard grade of solid whey called Norwhey. On January 22, 1985 Downing and Nutrients entered into an agreement pursuant to which Nutrients purchased 3,000,000 pounds of Norwhey from Downing. Under the…
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