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IN RE GOLD COAST SEED COMPANY

Bankruptcy No. 4-80-02038HN, Adv. No. 4-80-00487AW.

35 B.R. 12 (1983)

In re GOLD COAST SEED COMPANY, Debtor. M. NOLDEN, Trustee, Plaintiff, v. VAN DYKE SEED COMPANY, INC., Defendant.

United States Bankruptcy Court, N.D. California.

July 1, 1983.

Attorney(s) appearing for the Case

Phelan, Stuppi & Sorensen by Michael St. James, San Francisco, Cal., for plaintiff.

Daniel R. Cowans, Inc. by Henry G. Rendler, San Jose, Cal., for defendant.

DECISION

CAMERON W. WOLFE, Bankruptcy Judge.

The cross-motions of the parties to the above-captioned adversary proceeding were heard on June 29, 1983. The Court finds that there are no triable issues of fact presented and that the pertinent facts are as follows:

Plaintiff entered into "forward contracts" for the purchase of seed on September 18, 1979, and November 7, 1979, at a fixed price; the seed to be shipped in November/December, 1979, and December...

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