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BOULDER FRUIT & HEGER FARM v. TRANSP. FACT.

No. 99-56770.

251 F.3d 1268 (2001)

BOULDER FRUIT EXPRESS & HEGER ORGANIC FARM SALES; Continental Sales Co.; Health & Lejeune; Gold Inc.; Natural Selection Foods, L.L.C.; New Harvest Organics; Pacific Organic Production, Pacific Organic Produce S.A.; American 4-Star Marketing Inc., dba Rainbow Valley Orchards; Sundance Natural Foods, Plaintiffs-Appellants, v. TRANSPORTATION FACTORING, INC., a Utah Corporation, dba Transfac; Capitol Resource Funding, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2001.

Attorney(s) appearing for the Case

Michael J. Keaton, Glen Ellyn, Illinois, for the plaintiffs-appellants.

Douglas L. Thorpe, Santa Monica, California and Neil M. Sunkin, Los Angeles, California, for the defendants-appellees.

Before: Glenn L. Archer, Jr., Stephen S. Trott and Barry G. Silverman, Circuit Judges.

Argued and Submitted February 5, 2001 — Pasadena, California

SILVERMAN, Circuit Judge:

I. Background

This case concerns the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t (2000). Appellants2 are growers of fresh fruits and vegetables. From April 1996 to April 1997, appellant growers sold perishable goods to Certified Organics3 on credit. Certified was...

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