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LYNG v. PELLEGRINO & SONS, INC.

Civ. A. No. 86-1534-C.

694 F.Supp. 976 (1988)

Richard E. LYNG, Plaintiff, v. A. PELLEGRINO & SONS, INC., et al., Defendants.

United States District Court, D. Massachusetts.

August 30, 1988.

Attorney(s) appearing for the Case

Peter E. Gelhaar, Asst. U.S. Atty., Boston, Mass., for plaintiff.

Alan M. Spiro, Friedman & Atherton, Boston, Mass., for defendants Peter Karger and Melon Produce, Inc.

Richard S. Hackel, Monheimer and Hackel, Boston, Mass., for defendant Brunswick Finance Corp.

MEMORANDUM

CAFFREY, Senior District Judge.

Plaintiff Richard E. Lyng, as Secretary of the Department of Agriculture, has brought this action under section 5 of the Perishable Agricultural Commodities Act, (PACA), 7 U.S.C. § 499e. Section 5 of PACA was enacted to insure that produce growers are paid for the produce they sell to dealers, merchants and brokers. To achieve this goal, PACA imposes a trust for the benefit of unpaid sellers on produce and...

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