Legal Opinion
Albee Tomato, Inc. v. A.B. Shalom Produce Corp.
Court of Appeals for the Second Circuit
Decided September 21, 1998No. Docket No. 96-7806PublishedCited by 54 opinions
1Opinion of the Court
WINTER, Chief Judge:
This appeal raises the issue of when a lender must disgorge funds received from a commodities dealer and used to pay down the dealer’s debt when the payment was in violation of the trust provisions of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §§ 499a-499s. Appellants are various New York and Massachusetts corporations engaged in the business of buying and selling fresh fruit and vegetables. They appeal from Judge Lowe’s grant of summary judgment to Korea Commercial Bank of New York (“KCB”) and from the denial of their cross-motion for summary judgment.…
2Cases cited8 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Joseph E. Dister v. The Continental Group, Inc.Court of Appeals for the Second Circuit · 1988
- Anthony A. Calderone, Clark Hornbaker, Plaintiffs-Counterclaim Defendants v. United States of America, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Sixth Circuit · 1986
- Consumers Produce Co. v. Volante Wholesale Produce, Inc.Court of Appeals for the Third Circuit · 1994
- C.H. Robinson Co. v. Trust Co. Bank, N.A.Court of Appeals for the Eleventh Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- White Sands Group, L.L.C. v. Prs II, L.L.C.Supreme Court of Alabama · 2009
- Denmark v. Mercantile Stores Co., Inc.Supreme Court of Alabama · 2002
- Summit Health, Inc. v. APS Healthcare Bethesda, Inc.District Court, S.D. New York · 2014
- Xue Ming Wang v. Abumi Sushi Inc.District Court, S.D. New York · 2017
- American Banana Co. v. Republic National Bank of New York, N.A.Court of Appeals for the Second Circuit · 2004
49 more not listed; retrieve them via the Exa API.