MID-VALLEY PRODUCE CORP. v. 4-XXX PRODUCT CORP.

No. CV 92-0331.

833 F.Supp. 193 (1993)

MID-VALLEY PRODUCE CORP. and Probiotic Marketing of Idaho, Inc., Plaintiffs, v. 4-XXX PRODUCT CORP. and Philip (a/k/a "Phil") Melfi, individually and corporately, and Alice Melfi, individually and corporately, Defendants/Third-Party Plaintiffs, v. Herbert O. CASSIDY (a/k/a Owen Cassidy) and Harry D. Ludlum (a/k/a David Ludlum), Third-Party Defendants.

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

October 13, 1993.


Attorney(s) appearing for the Case

Mark C.H. Mandell, New York City, for plaintiffs.

Richard A. Miller, Islandia, NY, for defendants/third-party plaintiffs.

John J. McNulty, Riverhead, NY, for third-party defendant Cassidy.

Jakubowski, Robertson & Goldsmith, Hauppauge, NY, for third-party defendant Ludlum.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

WEXLER, District Judge.

Mid Valley Sales Corp., et al. ("Plaintiffs") bring this action against the 4-XXX Produce Corp. ("4-XXX"), Philip Melfi, and Alice Melfi ("Defendants") pursuant to the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499a et seq. to recover payment for $185,012.32 of potatoes sold to 4-XXX by Plaintiffs between March 27, 1991 and September 9, 1991 (hereinafter...

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