Hyland Lakes Spuds, Inc. v. H.C. Schmieding Produce Co.

DECISION AND ORDER

CALLAHAN, United States Magistrate Judge.

Background

On August 14, 1998, the plaintiff, Hyland Lakes Spuds, Inc., (“Hyland”) filed this action against defendant H.C. Schmieding Produce Co., Inc., (“Schmieding”). In its first claim Hyland alleges that it is a seller of potatoes, which are a perishable agricultural commodity within the meaning of 7 U.S.C. § 499a; that Schmieding was, at all material times, a “dealer” within the meaning of that term as found in 7 U.S.C. § 499a; and, that during 1997, Hyland sold Schmieding various shipments of potatoes pursuant to a contract…