[DOWNLOAD] "Dole Fresh Fruit Co. v. United Banana Co." by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Dole Fresh Fruit Co. v. United Banana Co.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 08, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This appeal is by a corporate defendant, United Banana Co., Inc. ("United"), and three of its officers or employees from a civil contempt order entered by T. F. Gilroy Daly, Chief Judge, United States District Court for the District of Connecticut. Dole Fresh Fruit Co. ("Dole") had sued United, though not its officers, pursuant to the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a-499s. The suit sought $93,530.82 for produce delivered to United between December 1985 and June 1986, for which United, contrary to 7 U.S.C. § 499b(4), had never paid. Judge Ellen Bree Burns entered a temporary restraining order ("TRO") against United on August 8, 1986, and then on August 19 Magistrate Thomas P. Smith recommended that a preliminary injunction enter against United and ordered that the TRO of August 8 "will remain in full force and effect unless, or until, modified or superseded by an Article III judge." The TRO and recommended preliminary injunction required United and its "officers, agents, servants and employees" not to dissipate the assets of the statutory PACA trust of which Dole had claimed the benefit, see 7 U.S.C. § 499e(c)(2) (Supp. III 1985), and required the segregation of perishable agricultural assets subject to the trust or of the proceeds therefrom. United was not represented by counsel either at the issuance of the TRO or before the magistrate.

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