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IN RE JOE DeLISI FRUIT CO.

Bankruptcy No. 3-81-00022, Adv. No. 81-0109.

11 B.R. 694 (1981)

In re JOE DeLISI FRUIT CO., Debtor. JOE DeLISI FRUIT CO., Plaintiff, v. STATE OF MINNESOTA, Department of Agriculture and Mark W. Seetin, Commissioner of Agriculture of the State of Minnesota; Mountain Foods, Inc.; Pacific Gamble Robinson; Sam Baglio Fruit Co.; and C.H. Robinson Co., Defendants.

United States Bankruptcy Court, D. Minnesota, Third Division.

June 17, 1981.

Attorney(s) appearing for the Case

Louis W. Brenner of Brenner & Workinger, Minneapolis, Minn., for plaintiff-debtor, Joe DeLisi Fruit Co.

Jon K. Murphy, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendants, State of Minn., Dept. of Agriculture and Mark W. Seetin, Com'r of Agriculture of the State of Minn.

Hart Kuller of Winthrop, Weinstine & Sexton, St. Paul, Minn., for Mid-America State Bank of Highland Park.

William I. Kampf of Kampf & Orey, St. Paul, Minn., for Unsecured Creditors' Committee.

JACOB DIM, Bankruptcy Judge.

The facts are undisputed. Plaintiff, as a dealer in wholesale produce, is licensed by the State of Minnesota, Department of Agriculture (the "Department") under Minn. Stat. § 27.001 et seq. As part of the licensing requirements, the applicant for the license must post a surety bond or in lieu thereof a letter of credit conditioned on the performance of the duties proscribed by statute. Minn.Stat. § 27.041, subd...

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