Alphas Company, Inc. v. William H. Kopke, Jr., Inc.

SELYA, Circuit Judge.

This case poses the question of whether the appeal provisions (including the bond requirements) of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t, are mandatory and jurisdictional. Guided by the language and structure of the statute, its legislative history, and its traditional treatment by other courts, we answer this question in the affirmative. Consequently, we affirm the district court’s dismissal of an attempted appeal.

The case at hand has its genesis in an administrative proceeding brought pursuant to the PACA by William H. Kopke, Jr.,…