Legal Opinion
Blair Merriam Fresh Fruit & Produce Co. v. Clark (In re D.K.M.B., Inc.)
District Court, D. Colorado
Decided January 13, 1989No. Bankruptcy No. 87-B-8012J; Adv. No. 88 C 0316PublishedCited by 20 opinions
1Opinion of the Court
ORDER ON MOTION FOR SUMMARY
JUDGMENT PAUL B. LINDSEY, Bankruptcy Judge.
Plaintiff herein was a supplier of perishable agricultural commodities to the debtor, which operated retail grocery stores under the trade name Shoppin’ Sav. Plaintiff has brought this action under the provisions of the Perishable Agricultural Commodities Act of 1930 (“PACA”), 7 U.S.C. §§ 499a-499s, inclusive. In particular, plaintiff relies upon the provisions of § 499e(c), added by a 1984 amendment. That provision creates a trust upon perishable agricultural commodities and the proceeds from the sale thereof for the…
2Cases cited3 opinions
- In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
- In Re WL Bradley Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Houston Avocado Co. v. Monterey House, Inc. (In Re Monterey House, Inc.)United States Bankruptcy Court, S.D. Texas · 1986
3Cited by20 opinions
- Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
- Sanzone-Palmisano Company v. M. Seaman Enterprises, Inc., Malone & Hyde, Inc.Court of Appeals for the Sixth Circuit · 1993
- Debruyn Produce Co. v. Richmond Produce Co. (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1990
- Nuchief Sales, Inc. v. Harper (In Re Harper)United States Bankruptcy Court, E.D. Tennessee · 1993
- Six L'S Packing Company v. West Des Moines State BankCourt of Appeals for the Eighth Circuit · 1992
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