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TOM LANGE CO., INC. v. A. GAGLIANO CO., INC.

No. 94-3085.

61 F.3d 1305 (1995)

TOM LANGE COMPANY, INCORPORATED, Plaintiff-Appellee, v. A. GAGLIANO COMPANY, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1995.

Attorney(s) appearing for the Case

Thomas L. Smallwood, Terence B. Kelly (argued), Borgelt, Powell, Peterson & Frauen, Milwaukee, WI, for plaintiff-appellee.

Robert G. LeBell (argued), Styler, Kostich, Lebell, Dobroski & McGuire, Milwaukee, WI, for defendant-appellant.

Before POSNER, Chief Judge, RIPPLE, Circuit Judge, and NORGLE, District Judge.

RIPPLE, Circuit Judge.

In this case arising under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a, et seq., the A. Gagliano Company appeals the decision of the district court which, after a de novo trial, affirmed a reparation order issued by the Department of Agriculture. Because we believe that the district court employed an erroneous standard in its evaluation of the evidence on the issue of whether Tom Lange Company consented to Gagliano...

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