Hiller Cranberry Products, Inc. v. Koplovsky

As the majority correctly notes, this appeal involves a difficult question of statutory construction that constitutes an issue of first impression in the federal courts. Because I read the statutory imperative differently than my colleagues, I respectfully dissent.

*11A core feature of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e(c)(l)-(4) (Supp. II 1996) (PACA), impresses a trust in favor of the supplier of a covered agricultural commodity. Under the statute and the associated regulations promulgated by the Secretary of Agriculture, "that trust is superi- or to the interests of a…