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TANIMURA & ANTLE, INC. v. PACKED FRESH PRODUCE

No. 00-5056.

222 F.3d 132 (2000)

TANIMURA & ANTLE, INC.; Tom Lange Co., Inc.; Carlsbad Produce, Inc.; Tanimura Distributing, Inc.; Steveco, Inc., Appellants, v. PACKED FRESH PRODUCE, INC.; David W. Menadier; Joe Durel, d/b/a J.D. Investments.

United States Court of Appeals, Third Circuit.

Filed August 15, 2000.

Attorney(s) appearing for the Case

R. Jason Read, Bartholomew M. Botta, Rynn & Janowsky, Newport Beach, CA, Jeffrey M. Chebot, [Argued], Whiteman, Bankes & Chebot, Philadelphia, PA, Counsel for Appellants.

Before: ALITO and RENDELL, Circuit Judges, and DUHE, Senior Circuit Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

At issue in this appeal is whether, and if so, under what circumstances, a district court can grant equitable injunctive relief to a trust beneficiary to prevent dissipation of trust fund assets under the Perishable Agriculture Commodities Act ("PACA"), 7 U.S.C. § 499a et seq. (1998). Appellants, Tanimura & Antle, Inc., Tom Lange Co., Carlsbad Produce, Inc., Tanimura Distributing, Inc., and Stevco...

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