(Download) "Greg Orchards & Produce, Inc. v. Roncone" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

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eBook details

Title: Greg Orchards & Produce, Inc. v. Roncone
Author : Seventh Circuit U.S. Court of Appeals
Release Date : January 22, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Argued January 14, 1999 This appeal is from a district court decision holding that produce suppliers Greg Orchards & Produce, Inc. (""Greg""), Plantation Produce Company (""Plantation""), and Tom Lange Company, Inc. (""Lange"") were qualified for coverage under a Perishable Agricultural Commodities Act (""PACA"") trust held by Austin J. Merkel Company, Inc. (""Merkel""). Merkel and its officers argue that the suppliers became disqualified from coverage under the trust when the suppliers entered into post-default agreements with Merkel that permitted Merkel to pay its outstanding obligations in weekly or monthly installments, thereby extending the time for payment beyond the 30 day maximum set by USDA regulations. We reverse and remand. I. Background Greg, Plantation, and Lange sold produce to Merkel between December 1992 and April 1995. Merkel, which has since dissolved, was a licensed ""dealer"" of perishable agricultural commodities within the meaning of PACA, 7 U.S.C. sec. 499a(b)(6). Edwin and Paul Roncone were officers and directors of Merkel, and Alan Roncone was an employee who served as an officer of Merkel until October 1993.