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WEIS-BUY SERVICES, INC. v. PAGLIA

No. 04-1890.

411 F.3d 415 (2005)

WEIS-BUY SERVICES, INC.; Brigotta's Produce & Garden Center v. Ralph PAGLIA, Jr., in his individual capacity; August J. Scolio, Jr., in his individual capacity August J. Scolio, Jr., in his official capacity Appellant

United States Court of Appeals, Third Circuit.

Filed: June 14, 2005.

Attorney(s) appearing for the Case

Arthur D. Martinucci (Argued), Kenneth W. Wargo, Quinn Buseck Leemhuis Toohey & Kroto, Inc., Erie, PA, Counsel for Appellant.

Michael J. Keaton (Argued), Keaton & Associates, P.C., Palatine, IL, Counsel for Appellee.

Before: McKEE, VAN ANTWERPEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

In 1997 and 1998, Appellees Weis-Buy Services, Inc. ("Weis-Buy") and Brigiotta's Produce & Garden Center ("Brigiotta's") (collectively "Sellers" or "Appellees") each sold several shipments of fruit to Appellant United Fruit & Produce Company ("United Fruit"), but never received payment.1 United Fruit filed for bankruptcy on December 9, 1997. On December 29, 1999, the...

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