Legal Opinion
HC Schmieding Produce Co., Inc. v. Alfa Quality Produce, Inc.
District Court, E.D. New York
Decided January 15, 2009No. 08 Civ. 0367 (BMC)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
COGAN, District Judge.
This is an action arising out of claims by several produce sellers under the federal Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499e(c). One of the intervenor-plaintiffs, Amco Produce, Inc. (“Amco”), has filed a cross-claim against plaintiffs Wm. Rosenstein & Sons, Co. and Eagle Fruit Traders, LLC, (together, “Ro-senstein”) to recover allegedly preferential payments that Rosenstein received from the debtors, and Rosenstein has moved to dismiss the claim under Fed.R.Civ.P. 12(c) on the ground that PACA does not recognize a…
2Cases cited23 opinions
- In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust CompanyCourt of Appeals for the Second Circuit · 2005
- Sellers v. M.C. Floor Crafters, Inc.Court of Appeals for the Second Circuit · 1988
- City of New York v. Beretta U.S.A. Corp.Court of Appeals for the Second Circuit · 2008
- Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
- "R" Best Produce, Inc. v. Shulman-Rabin MarketingCourt of Appeals for the Second Circuit · 2006
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3Cited by2 opinions
- Skyline Potato Co. v. Hi-Land Potato Co.District Court, D. New Mexico · 2016
- Skyline Potato Co. v. Hi-Land Potato Co.District Court, D. New Mexico · 2012