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JSG TRADING CORP. v. TRAY-WRAP, INC.

No. 982, Docket 89-9032.

917 F.2d 75 (1990)

JSG TRADING CORP., Plaintiff-Appellee, v. TRAY-WRAP, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 26, 1990.

Attorney(s) appearing for the Case

Linda Strumpf, Bayside, N.Y., for defendant-appellant.

Mark C. Mandell, New York City, for plaintiff-appellee.

Before KEARSE, CARDAMONE, and MAHONEY Circuit Judges.

CARDAMONE, Circuit Judge:

Underlying this litigation is an alleged delay in a shipment of $24,000 worth of tomatoes. Delay is serious in the tomato business because what is today a marketable commodity becomes tomorrow spoiled and unmarketable garbage. In common parlance tomatoes are vegetables, as the Supreme Court observed long ago, see Nix v. Hedden, 149 U.S. 304, 307, 13 S.Ct. 881, 882, 37 L.Ed. 745 (1893), although botanically...

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