Legal Opinion
Demma Fruit Co. v. Old Fashioned Enterprises, Inc. (In Re Old Fashioned Enterprises, Inc.)
District Court, D. Nebraska
Decided February 4, 2000No. 8:99CV43PublishedCited by 3 opinions
1Opinion of the Court
ORDER
BATAILLON, District Judge.
I.Introduction
Before me is the appeal (Filing Nos. 1, 2) by Demma Fruit Company, Ltd. (Dem-ma), from the January 14, 1999, order of Chief Bankruptcy Judge Timothy J. Maho-ney granting summary judgment to Old Fashioned Enterprises, Inc. (OFE). The bankruptcy court ruled that the Perishable Agricultural Commodities Act of 1930, 7 U.S.C. §§ 499a-499t (PACA), did not apply to retail restaurants such as OFE and denied Demma’s request for an order requiring Demma to turn over “trust” assets in its possession. Demma has submitted briefs, but OFE has elected to adopt…
2Cases cited5 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- JC Produce, Inc. v. Paragon Steakhouse Restaurants, Inc.District Court, E.D. California · 1999
- Monteverde's Inc. v. Italian Oven, Inc. (In Re Italian Oven, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1997
- Empire Bank v. Fidelity & Deposit Company of MarylandCourt of Appeals for the Eighth Circuit · 1994
- Bowie Produce Co. v. Magic American Cafe, Inc. (In Re Magic Restaurants, Inc.)United States Bankruptcy Court, D. Delaware · 1996
3Cited by3 opinions
- In Re: Old Fashioned Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2001
- Demma Fruit Co. v. Old Fashioned Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2001
- Sysco Food Services Chicago, Inc. v. Reservoir Dogs, Inc. (In re Reservoir Dogs, Inc.)United States Bankruptcy Court, N.D. Illinois · 2000