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~ IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR ST. ~
3~~'7 LUCIE COUNTY, FLORIDA.
CASE NO. 76-1011-CA
. STRAZZULLA BROTHERS CO., INC..
+ a Florida corporation,
t
Plaintiff,
~ vs.
INDIAN RIVER PROCESSORS, INC.,
a Florida corporation and
OCEAN SPRAY CRANHERRIES, INC.,
~ a Massachusetts corporation
~ authorized to do business in
Florida,
Defendants.
i •
i O R D E R
4
~
THIS CAUSE coming on for hearing this 16th day of May,
I 1977 upon the Motion to Amend Complaint by adding Ocean Spray
~I` Cranberries, Inc. as a party defendant and by am~nding said
f
~ Complaint to incZude additional allegations and counsel for
both parties appearing before this Court and the Court havinq
~ reviewed the pleadings and being otherwise fully advised in the
,
~ premises, it is upon consideration
' ;i ORDERED AND ADJUDGED that the Motion to Amend Complaint
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i~ be and the same is hereby granted and that Ocean Spray Cranberries
;
~ ii Inc. is a defendant in this cause and shall be listed as such
~ ~I
!j on all future pleadings and that the Complaint be and the same
~i ~ ~
ishereby amended including the following allegations:
(8) That Ocean Spray Cranberries, Inc. did purchase
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various assets from the Defendant, Indian River Processors, Inc.
and that said Ocean Spray Cranberries, Inc. did fail to comply
~
' with the Bulk Transfer Act by failing to notify the above creditor
~
i and by failing to assure that the above listed Plaintiff was
~ paid the amount due. That said Defendant, Ocean Spray Cranberries, I
~ ~
~ Inc. thereby became liable for the debt of said Plaintiff. That
I~
at the time that the sale of all of the assets of the Defendant,
~ Indian River Processors Inc. to Ocean S ra Cranberries, Inc. ~
~ . P Y
~l took place, the Plaintiff was a creditor and that said Plaintiff
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( has never been paid the moneys due. -
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gooK 268 ~~E 8U5