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GENECCO PRODUCE, INC. v. SANDIA DEPOT, INC.

No. 04-CV-6548 CJS.

386 F.Supp.2d 165 (2005)

GENECCO PRODUCE, INC., Plaintiff, v. SANDIA DEPOT, INC., Defendant.

United States District Court, W.D. New York.

August 19, 2005.

Attorney(s) appearing for the Case

David L. Rasmussen, Glenn M. Fjermedal, Kevin W. Tompsett, Lacy Katzen LLP, Rochester, New York, for plaintiffs.

Leonard Kreinces, Kreinces & Rosenberg, P.C., Westbury, New York, Howard E. Berger, Duke, Holzman, Yaeger & Photiadis, LLP, Buffalo, New York, for Defendants.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action pursuant to the Perishable Agricultural Commodities Act of 1930 ("PACA"), 7 U.S.C. § 499a et seq. Plaintiff Genecco Produce, Inc. ("Plaintiff") commenced this action against defendant Sandia Depot, Inc. ("Defendant") after the United States Secretary of Agriculture ruled against plaintiff in an administrative proceeding...

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