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SUNKIST GROWERS, INC. v. FISHER

No. 95-15735.

104 F.3d 280 (1997)

SUNKIST GROWERS, INC., a California corporation, Plaintiff-Appellant, v. Michael S. FISHER and Meryle Fisher, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1997.

Attorney(s) appearing for the Case

Karen L. Karr, Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C., Phoenix, Arizona, for plaintiff-appellant Sunkist Growers, Inc.

Marjorie F. Cunningham, Curtis & Cunningham, Tucson, Arizona, for defendants-appellees Michael S. Fisher, et al.

Before BOOCHEVER, JOHN T. NOONAN, Jr., and DAVID R. THOMPSON, Circuit Judges.

BOOCHEVER, Circuit Judge:

This appeal involves the applicability of res judicata, or claim preclusion. The district court granted summary judgment, finding that a grower who sold fresh fruit to a juice company and obtained a state court judgment against the juice company for failure to pay in full, was barred from suing the company's sole shareholders under a federal statute providing a trust remedy against dealers who fail to pay for perishable agricultural commodities...

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