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ALBEE TOMATO, INC. v. A.B. SHALOM PRODUCE CORP.

Docket No. 96-7806.

155 F.3d 612 (1998)

ALBEE TOMATO, INC., E. Armata, Inc., R & C Communale, Costa & Harris, Inc., Craig-Ann Produce, Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., Finest Fruits, Inc., G & B Produce, Inc., Hunts Point Tomato, Co., Inc., Kleiman & Hochberg, Inc., Kornblum & Co., Inc., Krisp Pak Sales Corp., L & K Tomatoes, Inc., L & P Fruit Corp., M & R Tomato Distributors, Inc., Morris Okun, Inc., M & R Trading Co., Inc., Rubin Bros. Produce, Inc., H. Schnell & Co., Inc., Square Produce, Inc., Martin Striks & Son, Inc., Vita-Wellbrock-Kearney, Inc., Wishnatzki & Nathel, Inc., Plaintiffs-Appellants, v. A.B. SHALOM PRODUCE CORP., Young Ok Lee, Ryung Cil Yi d/b/a RNK Produce, RNK Grocery, Inc., Defendants, Korea Commercial Bank of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 21, 1998.

Attorney(s) appearing for the Case

Leonard Kreinces, Great Neck, NY, for Plaintiffs-Appellants.

Sherylee F. Bauer, Blum, Gersen & Wood (Ralph K. Wood, of counsel), New York City, for Defendant-Appellee.

Before WINTER, Chief Judge, FEINBERG, Circuit Judge, and POLLACK, District Judge.

WINTER, Chief Judge:

This appeal raises the issue of when a lender must disgorge funds received from a commodities dealer and used to pay down the dealer's debt when the payment was in violation of the trust provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a-499s. Appellants are various New York and Massachusetts corporations engaged in the business of buying and selling fresh fruit and vegetables. They appeal from Judge...

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