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HULL CO. v. HAUSER FOODS, INC.

Civ. No. 3-89-286.

721 F.Supp. 224 (1989)

HULL COMPANY and J & J Distributing Co., Plaintiffs, v. HAUSER FOODS, INC., individually and doing business as Forest Lake Foods; Maple Foods, Inc., doing business as Rainbow Foods; Hauser's IGA, Inc.; Hauser's Family Center, Inc.; and Gateway Foods of Minneapolis, Inc., Defendants.

United States District Court, D. Minnesota, Third Division.

October 2, 1989.

Attorney(s) appearing for the Case

Lawrence H. Meurs, Weinblatt and Davis, St. Paul, Minn., for plaintiffs.

Mark S. Schmitt, Minahan & Peterson, S.C., Milwaukee, Wis., for defendant Gateway Foods.

ORDER

DEVITT, District Judge.

Plaintiff Hull Company ("Hull") and defendant Gateway Foods of Minneapolis, Inc. ("Gateway") have filed cross motions for partial summary judgment on the issue of whether Hull is entitled to recover funds in the hands of Gateway pursuant to the statutory trust provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e(c). For the following reasons, Hull's motion will be granted.

I. BACKGROUND...

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