Legal Opinion
Demma Fruit Co. v. Old Fashioned Enterprises, Inc.
Court of Appeals for the Eighth Circuit
Decided January 5, 2001No. 00-1745PublishedCited by 1 opinion
1Opinion of the Court
ROSS, Circuit Judge.
Demma Fruit Company, Ltd. (Demma) appeals a judgment of the district court entered in favor of Old Fashioned Enterprises, Inc. (OFE), a restaurant chain. In re Old Fashioned Enter., 245 B.R. 639 (D.Neb.2000). The sole issue in this appeal is whether OFE is a “dealer” as defined in the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. § 499a(b)(6). The district court held it was not. We reverse.
BACKGROUND
OFE purchased produce from Demma for use in restaurant meals. At the time OFE filed for Chapter 11 bankruptcy, it owed Demma $130,161 .21. Demma filed an adversary…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Richard A. Bower v. Federal Express CorporationCourt of Appeals for the Sixth Circuit · 1996
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3Cited by1 opinion
- In Re: Old Fashioned Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2001