Legal Opinion

Sanzone-Palmisano Company v. M. Seaman Enterprises, Inc., Malone & Hyde, Inc.

Court of Appeals for the Sixth Circuit

Decided April 16, 1993No. 92-3335PublishedCited by 38 opinions

1Opinion of the Court

BOGGS, Circuit Judge.

Plaintiff Sanzone-Palmisano Co. appeals a summary judgment in its favor for less than it sought in an action to recover for unpaid produce under the 1984 Amendments to the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499e. We remand the claim to the district court for proceedings consistent with this opinion.

I

In April 1990, defendant M. Seaman Enterprises, Inc. (“Seaman”) bought six grocery stores in the Dayton, Ohio area, which were doing business as “Stump’s Markets.” The purchase was financed by a loan of approximately $2.5 million from defendant Malone…

2Cases cited9 opinions

  1. In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
  2. In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
  3. In Re WL Bradley Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Debruyn Produce Co. v. Richmond Produce Co. (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1990
  5. Blair Merriam Fresh Fruit & Produce Co. v. Clark (In re D.K.M.B., Inc.)District Court, D. Colorado · 1989

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

3Cited by38 opinions

  1. In Re Kornblum & Co., Inc., Debtor. Tom Lange Co., Inc., and Scott Finks Co., Inc. v. Kornblum & Co., Inc.Court of Appeals for the Second Circuit · 1996
  2. Hiller Cranberry Products, Inc. v. KoplovskyCourt of Appeals for the First Circuit · 1999
  3. Strube Celery & Vegetable Co. v. Zois (In Re Zois)United States Bankruptcy Court, N.D. Illinois · 1996
  4. In Re Lombardo Fruit and Produce Company, Debtor. Tom Lange Company, Inc. Pupillo Brokerage Company v. Lombardo Fruit and Produce Company Uni-Fin Corporation in Re Lombardo Fruit and Produce Company, Debtor. Tom Lange Company, Inc. Pupillo Brokerage Company v. Lombardo Fruit and Produce Company, Uni-Fin CorporationCourt of Appeals for the Eighth Circuit · 1994
  5. Tom Lange Co. v. Lombardo Fruit & Produce Co. (In re Lombardo Fruit & Produce Co.)Court of Appeals for the Eighth Circuit · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API