Legal Opinion

Nickey Gregory Co., LLC v. AGRICAP, LLC

Court of Appeals for the Fourth Circuit

Decided March 4, 2010No. 09-1130, 09-1162PublishedCited by 47 opinions

1Opinion of the Court

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge BAILEY joined.

OPINION

NIEMEYER, Circuit Judge:

Two sellers of perishable agricultural commodities, Nickey Gregory Company, LLC, and Poppell’s Produce Inc., commenced this action under the Perishable Agricultural Commodities Act, 1930 (“PACA”), 7 U.S.C. §§ 499a-499t, to recover $106,696 owed them for the sale of produce to Robison Farms, LLC, a bankrupt South Carolina produce distributor. They named as defendant AgriCap, LLC, a finance…

2Cases cited8 opinions

  1. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co.Court of Appeals for the Fifth Circuit · 2003
  2. Coosemans Specialties, Inc. v. GargiuloCourt of Appeals for the Second Circuit · 2007
  3. Endico Potatoes, Inc. v. CIT Group/Factoring, Inc.Court of Appeals for the Second Circuit · 1995
  4. Middle Mountain Land & Produce Inc. v. Sound Commodities Inc.Court of Appeals for the Ninth Circuit · 2002
  5. Country Best v. Christopher Ranch, LLCCourt of Appeals for the Eleventh Circuit · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. S. Katzman Produce Inc. v. YadidCourt of Appeals for the Second Circuit · 2021
  2. Owner Operator Independent Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.)Court of Appeals for the Sixth Circuit · 2011
  3. Bear Mountain Orchards, Inc. v. Mich-Kim, Inc.Court of Appeals for the Third Circuit · 2010
  4. S & H Packing & Sales Co. v. Tanimura Distributing, Inc.Court of Appeals for the Ninth Circuit · 2018
  5. Lange v. Inova Capital Funding, LLC (In Re Qualia Clinical Service, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011

42 more not listed; retrieve them via the Exa API.

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