Legal Opinion

In re Cranberry Growers Coop.

United States Bankruptcy Court, W.D. Wisconsin

Decided June 27, 2018No. Case No.: 17-13318-11Published

1Opinion of the Court

Hon. Catherine J. Furay, U.S. Bankruptcy Judge

Debtor Cranberry Growers Cooperative ("CranGrow") filed a chapter 11 petition on September 25, 2017 ("Petition Date"). Maxwell Foods ("Maxwell") filed a Motion to Approve Recoupment or to Exercise Right of Setoff. CranGrow has moved for Summary Judgment on Maxwell's Motion.

FACTS

On February 24, 2017, CranGrow and Maxwell Foods entered into an agreement for the sale of sweetened and dried cranberries ("Agreement"). Emails set out the terms of the Agreement.

CranGrow agreed to sell seven loads of cranberries to Maxwell at $1.15 per pound *53with special…

2Cases cited16 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. United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
  4. Conoco, Inc. v. StylerCourt of Appeals for the Tenth Circuit · 1996
  5. Zayre Corporation v. S.M. & R. Co., Inc.Court of Appeals for the Seventh Circuit · 1989

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