Legal Opinion

Pacific International Marketing, Inc. v. a & B Produce, Inc.

Court of Appeals for the Third Circuit

Decided August 30, 2006No. Docket 04-3399PublishedCited by 1 opinion

1Opinion of the Court

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before the court on an appeal by Exel Transportation Services, Inc. (“Exel”) from the district court’s order entered on July 21, 2004, denying Exel’s claim for payment as administrative expenses from the statutory trust created by the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499e(c), for its services in transporting produce for defendant A & B Produce, Inc. Exel, a logistics company, arranged and paid for the transportation of produce from sellers and suppliers to A & B Produce, Inc., but A & B Produce, Inc. did…

2Cases cited11 opinions

  1. Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
  2. Gerardi v. PelulloCourt of Appeals for the Third Circuit · 1994
  3. Golman-Hayden Co. v. Fresh Source Produce Inc.Court of Appeals for the Fifth Circuit · 2000
  4. Middle Mountain Land & Produce Inc. v. Sound Commodities Inc.Court of Appeals for the Ninth Circuit · 2002
  5. Bank of Los Angeles v. Official PACA Creditors' Committee (In Re Southland + Keystone)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

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

3Cited by1 opinion

  1. Pacific International Marketing, Inc. Walden-Sparkman, Inc. J & R Orchards Desert Fresh, Inc. Centre Maraicher Eugene Guinos Jr., Inc. Bonipak Produce Co. Blazer-Wilkinson, LLC Agri-Sales, Inc. Frank Spingola & Son Ltd. Mark Martin's J-Mart Express, Inc. Burch Equip., LLC United Savings Bank Frutech, Inc. William Walters Tanimura & Antle, Inc. Metz Fresh, LLC Doud & Associates, Inc. Boskovich Farms, Inc. Dennis B. Johnston Gerald A. Johnston Johnston Farms West Coast Distributing, Inc. Exel Transportation Services, Inc. Bartolotta, Inc. (Intervenors in d.c.) v. A & B Produce, Inc. Anthony G. Badolato, an Individual Teamsters Health and Welfare Fund of Philadelphia, Teamsters Pension Trust Fund of Philadelphia and Vicinity (Eastern District of Pa Civil No. 03-3564). Frank Spingola & Sons, Ltd. v. A & B Produce, Inc. Anthony Badolato (Eastern District of Pa Civil No. 03-5556). Exel Transportation Services, Inc., (Amended in Accordance With the Clerk's Order Dated 9/3/04). (Dismissed Per the Clerk's Order of 9/22/04)Court of Appeals for the Third Circuit · 2006

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