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ROYAL FOODS CO. INC. v. RJR HOLDINGS INC.

No. 99-55634.

252 F.3d 1102 (2001)

ROYAL FOODS CO. INC., Plaintiff-Appellant, v. RJR HOLDINGS INC., d/b/a T.G.I. Fridays; Ronald Brendzel; Joseph Khoury; Credit Managers Associations of California, a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2001.

Attorney(s) appearing for the Case

Stephen P. McCarron, McCarron & Associates, Washington D.C.; John M. Gantus, Gantus & Associates, Glendale, California, for the plaintiff-appellant.

C. Casey White, Tilem & White, Glendale, California; Judith Ilene Bloom, Clark & Trevithick, Los Angeles, California; Leslie R. Horowitz, Clark & Trevithick, Los Angeles, California; John A. Lapinski, Clark & Trevithick, Los Angeles, California, for the defendants-appellees.

Before: GLENN L. ARCHER, JR., STEPHEN S. TROTT, and BARRY G. SILVERMAN, Circuit Judges.

Opinion by Judge SILVERMAN; Dissent by Judge TROTT.

SILVERMAN, Circuit Judge:

Is a restaurant that buys wholesale quantities of perishable agricultural commodities and uses them in the preparation of meals "in the business of buying or selling" such commodities, and therefore, a "dealer" as defined by the Perishable Agricultural Commodities Act of 1930? We join the two other circuits that have considered this question in holding that it is— a...

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