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FRIO ICE, S.A. v. SUNFRUIT, INC.

No. 89-6258.

918 F.2d 154 (1990)

FRIO ICE, S.A., Plaintiff-Appellant, v. SUNFRUIT, INC., John R. Plana, Jr., Oswaldo P. Rodriguez, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 30, 1990.

Attorney(s) appearing for the Case

Stephen P. McCarron, Steven A. Rafkin, Silver Spring, Md., Guy Motzer, Miami, Fla., for plaintiff-appellant.

Ellen R. Hornstein, U.S. Dept. of Agriculture, Washington, D.C., amicus curiae, for plaintiff-appellant.

Howard M. Camerik, Glenn E. Goldstein, Miami, Fla., for defendants-appellees.

Before FAY and JOHNSON, Circuit Judges, and ALLGOOD, Senior District Judge.

JOHNSON, Circuit Judge:

Plaintiff Frio Ice, S.A. ("the plaintiff") appeals the district court's Memorandum Order holding that the court did not have jurisdiction under the Perishable Agricultural Commodities Act ("PACA") to entertain injunctive actions by private parties to enforce payment from a statutory trust established under Section 5(c) of PACA, 7 U.S.C.A. § 499e(c) (West Supp.1990).

I. STATEMENT OF THE CASE

A. Background Facts

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