Legal Opinion

Parkway Provision Co. v. Bankruptcy Estate of Devos, Inc. (In Re Devos, Inc.)

United States Bankruptcy Court, W.D. Pennsylvania

Decided May 27, 2004No. 19-70106PublishedCited by 1 opinion

1Opinion of the Court

RECOMMENDATION TO DISTRICT COURT 1

WARREN W. BENTZ, Bankruptcy Judge.

Introduction

Devos, Inc. d/b/a Diamond Meat and Food Service Company (“Devos” or “Debt- or”) filed a voluntary Petition under Chapter 11 of the Bankruptcy Code on February 2, 2000. The disagreement between the parties involves the interpretation of the language of an AGREEMENT OF PURCHASE AND SALE OF ASSETS (“APA”) dated August 19, 1997 between Devos as seller and Diamond Meat and Food Service Company, Inc. (“New Diamond” or “Buyer”) as Purchaser and for amounts claimed due under a related Lease Agreement (“Lease”) between…

2Cases cited23 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray FlemmingCourt of Appeals for the Fourth Circuit · 1976
  3. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
  4. Phillip E. Beard, Trustee for Greater Pittsburgh Business Development Corp. v. Melvin A. Braunstein, an Individual, D/B/A M.A. Braunstein Co.Court of Appeals for the Third Circuit · 1990
  5. Williamson v. JonesWest Virginia Supreme Court · 1897

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3Cited by1 opinion

  1. Brown, D. v. The End Zone, IncSuperior Court of Pennsylvania · 2021

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