Legal Opinion

Andershock's Fruitland, Inc., and James A. Andershock v. United States Department of Agriculture

Court of Appeals for the Seventh Circuit

Decided August 10, 1998No. 96-4238PublishedCited by 4 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Dealers regulated by the Perishable Agricultural Commodities Act must “truly and correctly ... account and make full payment promptly in respect of any transaction”. 7 U.S.C. § 499b(4). The Secretary of Agriculture has defined “promptly” as “within 10 days after the day on which the produce is accepted”. 7 C.F.R. § 46.2(aa)(5). Section 8(a) of the PACA, 7 U.S.C. § 499h(a), authorizes the Secretary to revoke the license of any dealer who commits “flagrant or repeated” violations of § 499b. Between May 1994 and May 1995 Andershock’s Fruitland failed to pay the agreed…

2Cases cited6 opinions

  1. Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
  2. Butz v. Glover Livestock Commission Co.Supreme Court of the United States · 1973
  3. John J. Conforti, Doing Business as C & C Produce v. United StatesCourt of Appeals for the Eighth Circuit · 1996
  4. Norinsberg Corporation v. United States Department of Agriculture United States of AmericaCourt of Appeals for the D.C. Circuit · 1995
  5. Abl Produce, Inc. v. United States Department of AgricultureCourt of Appeals for the Eighth Circuit · 1994

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

3Cited by4 opinions

  1. Angela Stroe and Marin Stroe v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2001
  2. Garri Karapetian v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1998
  3. Angela Stroe and Marin Stroe v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2001
  4. Stroe, Angela v. INSCourt of Appeals for the Seventh Circuit · 2001

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