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MIDDLE MOUNTAIN LAND AND PRODUCE v. SOUND COMMOD.

No. 01-35471.

307 F.3d 1220 (2002)

MIDDLE MOUNTAIN LAND AND PRODUCE INC; Pleasant Valley Potato Inc, Plaintiffs, v. SOUND COMMODITIES INC; Robert J. Brack, Defendants-Appellees, v. J.R. Simplot Company, Plaintiff-Intervenor-Appellant, v. Grant Courtney, Receiver-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2002.

Attorney(s) appearing for the Case

Michael J. Keaton and David M. Bagdade, Keaton & Associates, Glen Ellyn, IL; Ronald J. Trompeter and David C. Tingstad, Beresford, Booth, Demaray, & Trompeter, Seattle, WA, for the plaintiff-intervenor-appellant.

Before HILL, GOULD and BERZON, Circuit Judges.

OPINION

GOULD, Circuit Judge.

Appellant J.R. Simplot Company ("Simplot") appeals the district court's denial of its interest and attorneys' fees claims against Sound Commodities ("Sound"). We consider whether the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e(c)(2), as amended (2000 & Supp.2002), supports a contractual right to attorneys' fees and interest as part of a PACA trust claim.

I

This is a PACA action...

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