FARM-WEY PRODUCE, INC. v. WAYNE L. BOWMAN CO., INC.

Nos. 1:96-cv-397, 1:96-cv-513.

973 F.Supp. 778 (1997)

FARM-WEY PRODUCE, INC., and Sunnyboy Produce Co., Inc.; Idaho Potato Packers Corporation of Idaho; Buurma Farms, Inc.; Sun Valley Potatoes, Inc.; et al., Plaintiffs. v. WAYNE L. BOWMAN CO., INC.; Van T. Thornton; and C & W Produce, Inc., Defendants.

United States District Court, E.D. Tennessee.

June 26, 1997.


Attorney(s) appearing for the Case

T. Harold Pinkley, Jr., Chambliss, Bahner & Stophel, Chattanooga, TN, Mark A. Amendola, Martyn and Associates, Cleveland, OH, for Plaintiffs.

David J. Fulton, Kennedy, Fulton, Kootnz & Farinash, Chattanooga, TN, for Defendants.


MEMORANDUM

EDGAR, District Judge.

The plaintiffs produced various perishable agricultural commodities which they sold to defendant Wayne L. Bowman Co., Inc., a Tennessee corporation ("Bowman"). Bowman failed to pay the plaintiffs, and they have brought this suit against Bowman and its president and sole shareholder, Van T. Thornton, to recover trust proceeds tinder the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499a et seq...

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