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IN RE: COMMISSARY OPERATIONS, INC., CHAPTER 11, Debtor. COMMISSARY OPERATIONS, INC., Plaintiff, v. DOT FOODS, INC., SUGAR FOODS CORPORATION, ARCOBASSO FOODS, INC., NEW CITY PACKING COMPANY, INC., SCA TISSUE NORTH AMERICA, LLC, H.J. HEINZ COMPANY, L.P., GEORGIA PACIFIC CONSUMER PRODUCTS, LP, ET AL, ECOLAB, INC., CONAGRA FOODS, INC., ET AL, NATIONAL STEAK PROCESSORS, INC., d/b/a NATIONAL STEAK AND POULTRY, ALLEN'S, INC., ROCKY MOUNTAIN NATURAL MEATS, INC., SUPERIOR DAIRY, INC., and RYDER TRUCK RENTAL, INC., Defendants.

ORDER

MARIAN HARRISON, Bankruptcy JudgePage 2

In accordance with the Memorandum Opinion entered contemporaneously with this Order, the debtor's motions for declaratory judgment are DENIED, the defendants' objections to the debtor's motions are SUSTAINED, and the defendants' motions for partial summary judgment are GRANTED. Specifically, deliveries entitled to 11 U.S.C. § 503(b)(9) claim status are not disqualified from constituting new value for purposes of 11 U.S.C. §§ 547(a)(2) and 547(c)(4), as a matter of law.

IT IS SO ORDERED.

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IN RE COMMISSARY OPERATIONS, INC. (Bankr.M.D.Tenn. 1-7-2010)
(Jan 7, 2010)