David FISHGOLD, et al., Plaintiff,
v.
ONBANK & TRUST CO., et al., Defendants.
United States District Court, W.D. New York.https://leagle.com/images/logo.png
March 25, 1999.
March 25, 1999.
Attorney(s) appearing for the Case
Michael J. Beyma, Underberg & Kessler, Rochester, NY, pro se.
Sanford R. Shapiro, Shapiro, Rosenbaum & Liebschutz, Rochester, NY, for David Fishgold, Inc.
David Fishgold, Inc., David Fishgold, Rochester, NY, pro se.
Francis B. Mahan, Rochester, NY, Joseph P. McCafferty, McCafferty & Williams, Cleveland, OH, for Key Produce Sales, Inc.
Hartley B. Martyn, Mark A. Amendola, Martyn & Associates, Cleveland, OH, James J. Rizzo, Rochester, NY, for Oswego Growers & Shippers, Inc., and Double Diamond Acres, Ltd.
Leonard Sarner, Sarner & Associates, Philadelphia, PA, Paul M. Lewis, New York City, for Giorgio Foods, Inc.
David L. Rasmussen, Harris, Beach & Wilcox, Rochester, NY, for Genecco Produce, Inc.
Stephen Michael O'Neill, Lacy, Katzen, Ryen & Mittleman, Rochester, NY, for Cayuga Produce, Inc.
Renee Y. Roy, Mansura, LA, for Harold Quebedeaux Produce, Inc.
G. Michael Grow, Villani & Grow, Williamson, NY, for Orbaker's Fruit Farm, Inc.
Stephen P. McCarron, McCarron & Associates, Washington, DC, Francis B. Mahan, Rochester, NY, for Weis-Buy Service, Inc. and Brock's Fresh Foods, Inc.
Jeffrey W. Baker, Harris, Beach & Wilcox, Rochester, NY, for OnBank & Trust Co.
Fred G. Aten, Jr., Rochester, NY, Greta Katrin Kolcon, Harter, Sectrest & Emery, Rochester, NY, Scott R. Teach, Meuers, Dressler & Kerr, LLP, Naples, FL, for Giumarra Vineyards Corp. and Lawrence H. Meuers.
United States District Court, W.D. New York.
DECISION AND ORDER
LARIMER, Chief Judge.
I. Background
By prior order of June 23, 1997, this Court directed that monies collected from accounts receivable of David Fishgold, Inc. ("Fishgold"), be held in trust for the benefit of Fishgold's suppliers under provisions of the Perishable Agricultural Commodities Act ("PACA").
Fishgold originally commenced this action when it sought to enjoin one of its creditors, OnBank & Trust Company...
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