COUNTRY BEST v. CHRISTOPHER RANCH, LLC

No. 03-11119.

361 F.3d 629 (2004)

COUNTRY BEST, M&M West Coast, Produce Riverwood Farms, Movants-Appellees, Weis-Buy Services, Inc., Plaintiff-Appellant, Tom Lange Company, Inc., Byron J. Wood, d.b.a. Harvest Moon Trading, Plaintiffs-Appellees, Dayoub Marketing, Inc., Capital Produce Distributors, Inc., Six L's Packing Co., Inc., De Bruyn Produce Company, Intervenors-Appellants, v. CHRISTOPHER RANCH, LLC, Fresh Start Produce Sales, Inc., Taylor Farms Tennessee, Inc., Gargiulo, Inc., Five Brothers Jalisco Produce Co., Inc., d.b.a. Bonanza 2001, et al., Intervenors-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 1, 2004.


Attorney(s) appearing for the Case

David Alan Adelman, Skokie, IL, Michael J. Keaton, Palatine, IL, for Appellants.

Lawrence H. Meuers, Meuers, Dressler & Kerr, LLP, Naples, FL, John A. Howard, Smith, Howard & Ajax, Joseph P. Quirk, Quirk & Quirk, PC, Atlanta, GA, Jeremy Alexander Moulton, Moulton & Massey, Conyers, GA, for Appellees.

Before EDMONDSON, Chief Judge, and BIRCH and FARRIS, Circuit Judges.


PER CURIAM:

We must decide whether sellers who are beneficiaries of a trust established under the Perishable Agricultural Commodities Act are entitled to attorney fees and costs as provided in their contracts. We hold that attorney fee and interest provisions can be enforceable as additional contract terms under the Uniform Commercial Code, and that such fees and interest can be awarded as "sums owing in connection with"...

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