Northwestern Fruit Co. v. A. Levy & J. Zentner Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW IN RE CERTAIN DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

PRICE, District Judge.

FINDINGS OF FACT

1. Defendants impose a cooling and palletizing charge when they sell cantaloupes to purchasers, and in the majority of sales to purchasers the cooling and palletizing charge is separately “broken out”, in the invoice to the Purchaser, as well as arithmetically included in the “bottom line” paid by the canteloupe purchaser.

2. In all but rare instances the cooling and palletizing charge was standard in amount in sales to purchasers. Defendants have not contested…