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JOHNSON v. KOPLOVSKY FOODS, INC.

Civil Action No. 98-10536-EFH.

5 F.Supp.2d 48 (1998)

Charles R. JOHNSON, General Partner of Johnson Cranberry Limited Partnership, and Francis V. Johnson a/k/a Van Johnson, Plaintiffs, v. KOPLOVSKY FOODS, INC., Edward M. Koplovsky, Elaine Koplovsky, Clermont, Inc., Braintree Hill Corporation General Partner of Braintree Hill Limited Partnership, and Zero Franklin Street Corporation, General Partner of Zero Franklin Street Limited Partnership, Defendants.

United States District Court, D. Massachusetts.

May 5, 1998.

Attorney(s) appearing for the Case

Andrew M. Osborne, Osborne & Visconti, Dedham, MA, for Plaintiffs.

John J. Monaghan, Gordon P. Katz, Sherburne, Powers & Needham, Boston, MA, for Defendants.

Joseph F. Ryan, James W. Stoll, Anthony L. Gray, Anthony L. Gray, Brown, Rudnick, Freed & Gesmer, Boston, MA, for Congress Financial Corporation (Northwest), Movant.

MEMORANDUM

HARRINGTON, District Judge.

This is an action for damages and injunctive relief arising from the failure of Koplovsky Foods, Inc. ("KFI") and Clermont, Inc. ("Clermont") to make payment for cranberries sold and delivered to them by Plaintiffs Francis V. Johnson and Charles R. Johnson. Plaintiffs' complaint assert actions under contract, the Perishable Agricultural Commodities Act ("PACA"), the Fraudulent Conveyance Act, and the Massachusetts...

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