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  5. 848 F.Supp.2d 375 (2011)
 

AMERICAN FRUIT & VEGETABLE CO. v. ITHACA PRODUCE

No. 10-CV-6271L.

848 F.Supp.2d 375 (2011)

AMERICAN FRUIT & VEGETABLE CO., INC., Plaintiff, v. ITHACA PRODUCE, INC., et al., Defendants.

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

November 16, 2011.

Attorney(s) appearing for the Case

David D. MacKnight , John T. Refermat , Lacy Katzen LLP, Rochester, NY, for Plaintiff.

Paul G. Ryan , Welby Brady & Greenblatt, LLP, White Plains, NY, Richard Thaler , Ithaca, NY, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

Plaintiff American Fruit and Vegetable Company ("plaintiff") commenced this action pursuant to the Perishable Agricultural Commodities Act ("PACA"), to recover the sale price of commodities sold to defendant Ithaca Produce, Inc. ("Ithaca Produce"), and to have its interests declared superior to those of other known or potential creditors of Ithaca Produce and its principals...

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