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HILLER CRANBERRY PRODUCTS, INC. v. KOPLOVSKY

No. 98-1398.

165 F.3d 1 (1999)

HILLER CRANBERRY PRODUCTS, INC., Plaintiff, Appellant, v. Edward M. KOPLOVSKY, Koplovsky Foods, Inc., and Clermont, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 4, 1999.

Attorney(s) appearing for the Case

Evan Slavitt, with whom Andrew A. Honegger, Benjamin G. Robbins and Gadsby & Hannah LLP were on brief, for appellant.

John J. Monaghan, with whom Gordon P. Katz, Paul G. Lannon and Sherburne, Powers & Needham, P.C. were on brief, for appellees.

Before TORRUELLA, Chief Judge, WELLFORD, Senior Circuit Judge, and SELYA, Circuit Judge.

WELLFORD, Senior Circuit Judge.

We are confronted in this case with difficult issues involving the interpretation of the Perishable Agriculture Commodities Act of 1930, 7 U.S.C. § 499a, et seq. ("PACA"). Plaintiff Hiller Cranberry Products, Inc. ("Hiller"), entered into a supply agreement (the "Supply Agreement") with Koplovsky Foods, Inc. ("KFI"), which is owned by Edward Koplovsky ("Koplovsky"), whereby Hiller was to sell KFI 33% of its cranberry crop...

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