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KOAM PRODUCE, INC. v. DIMARE HOMESTEAD, INC.

Docket Nos. 02-9023(L), 02-9103(CON), 02-9233(CON).

329 F.3d 123 (2003)

KOAM PRODUCE, INC., Petitioner-Appellant, v. DIMARE HOMESTEAD, INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 9, 2003.

Attorney(s) appearing for the Case

Charles E. Knapp, Law Office of Charles E. Knapp, P.C., New York, NY, for Petitioner-Appellant.

Lewis P. Janowsky, Rynn & Janowsky (Bart M. Botta, on the brief), Newport Beach, CA, for Respondent-Appellee.

Before: MCLAUGHLIN and B.D. PARKER, Jr., Circuit Judges, and GOLDBERG, Judge.

BACKGROUND

B.D. PARKER, JR., Circuit Judge.

This appeal challenges a reparations award under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499a et seq., in favor of respondent DiMare Homestead, Inc. against petitioner Koam Produce, Inc. for price adjustments that Koam received on five shipments of tomatoes purchased from DiMare in April 1999. Koam and DiMare agreed to the price...

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