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SANZONE-PALMISANO CO. v. M. SEAMAN ENTERPRISES

No. 92-3335.

986 F.2d 1010 (1993)

SANZONE-PALMISANO COMPANY, Plaintiff-Appellant, v. M. SEAMAN ENTERPRISES, INC., et al., Defendants, Malone & Hyde, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1993.

Rehearing and Rehearing Denied April 16, 1993.

Attorney(s) appearing for the Case

Stephen P. McCarron (argued and briefed), Silver Spring, MD, Thomas E. Donnellon, Donnellon, Donnellon & Miller, Cincinnati, OH, Steven A. Rafkin, McCarron, Becker & Kahan, Silver Spring, MD, for plaintiff-appellant.

Edward S. Dorsey (argued and briefed), Lindhorst & Dreidame, Cincinnati, OH, for defendant-appellee.

Before: KEITH and BOGGS, Circuit Judges; and GIBBONS, District Judge.

Rehearing and Rehearing En Banc Denied April 16, 1993.

BOGGS, Circuit Judge.

Plaintiff Sanzone-Palmisano Co. appeals a summary judgment in its favor for less than it sought in an action to recover for unpaid produce under the 1984 Amendments to the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e. We remand the claim to the district court for proceedings consistent with this opinion.

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