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ALPHAS CO., INC. v. WILLIAM H. KOPKE, JR., INC.

No. 12-1581.

708 F.3d 33 (2013)

The ALPHAS COMPANY, INC., Plaintiff, Appellant, v. WILLIAM H. KOPKE, JR., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 13, 2013.

Attorney(s) appearing for the Case

Noah B. Goodman and Law Offices of Noah B. Goodman on brief for appellant.

Rosemary Traini on brief for appellee.

Before HOWARD, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

This case poses the question of whether the appeal provisions (including the bond requirements) of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t, are mandatory and jurisdictional. Guided by the language and structure of the statute, its legislative history, and its traditional treatment by other courts, we answer this question in the affirmative. Consequently, we affirm the district court's dismissal of an...

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