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NICKEY GREGORY CO., LLC v. AGRICAP, LLC

Nos. 09-1130, 09-1162.

597 F.3d 591 (2010)

NICKEY GREGORY COMPANY, LLC; Poppell's Produce Incorporated, Plaintiffs-Appellees, v. AGRICAP, LLC, a/k/a AgriCap Financial Corporation, Defendant-Appellant. Nickey Gregory Company, LLC; Poppell's Produce Incorporated, Plaintiffs-Appellants, v. AgriCap, LLC, a/k/a AgriCap Financial Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Christoph Carl Heisenberg, Traiger & Hinckley, LLP, New York, New York, for AgriCap, LLC, a/k/a AgriCap Financial Corporation. Stephen P. McCarron, McCarron & Diess, Washington, D.C., for Nickey Gregory Company, LLC, and Poppell's Produce Incorporated. ON BRIEF: Kirsten E. Small, Nexsen Pruet, LLC, Greenville, South Carolina, for AgriCap LLC, a/k/a AgriCap Financial Corporation. Mary Jean Fassett, McCarron & Diess, Washington, D.C., for Nickey Gregory Company, LLC, and Poppell's Produce Incorporated.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge BAILEY joined.

OPINION

NIEMEYER, Circuit Judge:

Two sellers of perishable agricultural commodities, Nickey Gregory Company, LLC, and Poppell's Produce Inc., commenced this action under the Perishable Agricultural Commodities Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to recover $106,696 owed them for the sale of produce to Robison Farms, LLC, a bankrupt South Carolina produce distributor. They named as defendant AgriCap, LLC, a finance company that provided secured...

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