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ENDICO POTATOES, INC. v. CIT GROUP/FACTORING, INC.

Nos. 1751, 1961, Docket 94-9330, 94-95-7080.

67 F.3d 1063 (1995)

ENDICO POTATOES, INC., McCain Foods, Inc. and UFS Industries, Inc., Plaintiffs-Appellants-Cross-Appellees, v. CIT GROUP/FACTORING, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 2, 1995.

Attorney(s) appearing for the Case

Mark C.H. Mandell, Annandale, NJ, for plaintiffs-appellants-cross-appellees.

Donald B. Relkin, New York City (S. Robert Schrager, Marc D. Klein, Kreindler & Relkin, P.C., New York, N.Y.) for defendant-appellee-cross-appellant.

Before VAN GRAAFEILAND and MINER, Circuit Judges, and COTE, District Judge.

COTE, District Judge:

This action involves a dispute between those who sold products to, and the entity that financed the operations of a licensed dealer in perishable agricultural commodities, N. Merberg & Sons, Inc. ("Merberg"), which is now in bankruptcy. To resolve this dispute, we interpret and apply provisions of the Perishable Agricultural Commodities Act of 1930 ("PACA"), 7 U.S.C. § 499a-499s.

Appellants-Cross-Appellees Endico Potatoes, Inc...

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