Legal Opinion
Overton Distributors, Inc. v. Heritage Bank
Court of Appeals for the Sixth Circuit
Decided September 22, 2003No. 02-5261PublishedCited by 39 opinions
1Opinion of the Court
OPINION
GILMAN, Circuit Judge.
Overton Distributors, Inc. supplied produce to Quality Foods of Tennessee, Inc. between 1993 and 2000. Quality went out of business in January of 2000, leaving an unpaid debt to Overton of over $220,000 for produce purchased between October of 1999 and January of 2000. Overton now seeks to recover this unpaid debt from Heritage Bank, Quality’s lender, by invoking the statutory trust provisions of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t, a statute enacted in 1930 to regulate the sale of perishable agricultural commodities.
In 1996,…
2Cases cited7 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
- Al Burzynski, Administrator of the Estate of Alfred W. Halevan, Deceased v. William S. Cohen, Secretary of DefenseCourt of Appeals for the Sixth Circuit · 2001
- Endico Potatoes, Inc. v. CIT Group/Factoring, Inc.Court of Appeals for the Second Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hance v. Norfolk Southern Railway Co.Court of Appeals for the Sixth Circuit · 2009
- Owner Operator Independent Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.)Court of Appeals for the Sixth Circuit · 2011
- Bocchi Americas Associates, Inc. v. Commerce Fresh Marketing, Inc.Court of Appeals for the Fifth Circuit · 2008
- City of Cookeville, Tennessee v. Upper Cumberland Electric Membership CorporationCourt of Appeals for the Sixth Circuit · 2007
- Harbison v. LittleCourt of Appeals for the Sixth Circuit · 2009
34 more not listed; retrieve them via the Exa API.