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C.H. ROBINSON COMPANY v. ALANCO CORP.

No. 00-7148.

239 F.3d 483 (2001)

C.H. ROBINSON COMPANY, Plaintiff-Appellee, First Capital Corporation, Bacchus Associates, Stanley Orchard Sales, Inc. and Jac Vandenburg, Inc., Intervenor-Plaintiff-Appellees, v. ALANCO CORP., Defendant-Appellant, Alan I. Elkin, Defendant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 2, 2001.

Attorney(s) appearing for the Case

Archer & Greiner, One Centennial Square, Haddonfield, New Jersey 08033-0968 (Stephen M. Packman, of counsel), for plaintiff-appellee.

Mark C.H. Mandell, 42 Herman Thau Road, Annandale, New Jersey 08801, for defendant-appellant.

Before: CABRANES and PARKER, Circuit Judges, and CEDARBAUM, District Judge.

CEDARBAUM, District Judge:

The question raised on this appeal is whether an attorney who represented a produce purchaser in a suit to collect accounts receivable may enforce a lien for unpaid attorney's fees against the proceeds of the suit when the proceeds are held in trust for the original seller under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499a et seq. In the District Court, Magistrate Judge Peck1 ruled...

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