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IN RE FLAGSTAFF FOODSERVICE CORP.

Bankruptcy No. 81 B 11430, Adv. No. 81-5562A.

25 B.R. 844 (1982)

In re FLAGSTAFF FOODSERVICE CORPORATION, Debtor. FLAGSTAFF FOODSERVICE CORPORATION (Debtor-in-Possession), and Flagstaff Foods of New England, Inc. (Debtor-in-Possession), Plaintiffs, v. CONSOLIDATED FOODS CORPORATION and PYA/Monarch, Inc., Defendants.

United States Bankruptcy Court, S.D. New York.

December 6, 1982.

Attorney(s) appearing for the Case

Bell, Kalnick, Beckman, Klee & Green, New York City, for plaintiffs; Barry R. Fertel, New York City, of counsel.

Wilner, Ross, d'Incelli & Ashinoff and Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants; Reid L. Ashinoff, New York City, of counsel.

DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

PRUDENCE B. ABRAM, Bankruptcy Judge:

This adversary action was commenced on September 1, 1981 by the debtor, Flagstaff Foodservice Corporation ("FF"), and its affiliate, Flagstaff Foods of New England ("FN"), also a debtor in a separate proceeding pending in this Court (hereinafter collectively "Flagstaff") against Consolidated Foods Corporation ("CFC") and its wholly-owned subsidiary PYA/Monarch, Inc....

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