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HULL CO. v. HAUSER'S FOODS, INC.

No. 89-5614.

924 F.2d 777 (1991)

HULL COMPANY and J & J Distributing Co., Appellees, v. HAUSER'S FOODS, INC., individually and doing business as Forest Lake Foods; Maple Foods, Inc., doing business as Rainbow Foods; Hauser's IGA, Inc., Hauser's Family Center, Inc.; and Gateway Foods of Minneapolis, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 29, 1991.

Attorney(s) appearing for the Case

Mark S. Schmitt, Milwaukee, Wis., for appellant.

Lawrence H. Meuers, St. Paul, Minn., for appellees.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

This case arises under provisions of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t (1988), which impose a trust upon the perishable agricultural commodities (fruits and vegetables) and their proceeds held by a buyer in favor of the seller until the seller has received full payment. Hull Company (Hull) and J & J Distributing Co. (J & J), unpaid wholesale distributors of perishable agricultural...

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