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ST. HILAIRE v. FOOD SERVICES OF AMERICA

No. 14244-2-III.

917 P.2d 1114 (1996)

82 Wash.App. 343

Tim ST. HILAIRE, Paul St. Hilaire, Fred St. Hilaire, Wapato Orchards Partnership 155, N & P Orchards Partnership, Howard Hallgarth, Morningstar Orchards, Inc., Sunrise Orchards, Florian J. Nordhus, and Morningstar Research, a Washington partnership, Respondents, v. FOOD SERVICES OF AMERICA, INC., d/b/a Amerifresh, Appellant.

Court of Appeals of Washington, Division 3, Panel Two.

June 18, 1996.

Attorney(s) appearing for the Case

James A. Perkins, Larson & Perkins, Yakima, for appellant.

John S. Moore, Jr., John J. Carroll and Velikanje, Moore & Shore, Inc. P.S., Yakima, for respondents.

THOMPSON, Judge.

Food Services of America, Inc. (FSA) d/b/a Amerifresh, appeals nine separate judgments, in amounts totaling more than $300,000, on jury verdicts entered in favor of the plaintiff apple growers (growers). The growers alleged FSA violated the commission merchant act, RCW 20.01, and were negligent in handling their 1987 apple crops. FSA contends the court erred when it instructed the jury FSA (1) violated RCW 20.01.330(4) in its sales of the growers...

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