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GARGIULO v. G.M. SALES, INC.

No. 96-3646.

131 F.3d 995 (1997)

Harllee GARGIULO, NT Gargiulo, LP, Regency Packing Co., Gadsden Tomato Co., Quincy Tomato Corp., Plaintiffs-Appellees, v. G.M. SALES, INC., Robert Gary Mackey, Bank of Immokalee, Defendants, First Bank of Immokalee, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 19, 1997.

Attorney(s) appearing for the Case

John E. Spiller, Boardman & Spiller, P.A., Immokalee, FL, Carol L. Cox, Mishan, Sloto & Greenberg, Miami, FL, for Appellants.

Lawrence H. Meuers, Scott Teach, Meuers, Dressler & Keaton, LLP, Naples, FL, for Quincy and Gadsden.

Before HATCHETT, Chief Judge, EDMONDSON and COX, Circuit Judges.

HATCHETT, Chief Judge:

In this case, a bank challenges the district court's judgment requiring it to disgorge funds that it received in breach of a statutory trust established under the Perishable Agricultural Commodities Act of 1930. We reverse the judgment of the district court and remand the case for further proceedings.

BACKGROUND

Appellant First Bank of Immokalee (the bank) extended a revolving line of credit for $200,000 to G.M. Sales, Inc...

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