NICKEY GREGORY CO., LLC v. AGRICAP, LLC

C.A. No. 6:07-3605-HMH.

592 F.Supp.2d 862 (2008)

NICKEY GREGORY COMPANY, LLC, and Poppell's Produce, Inc., Plaintiffs, v. AGRICAP, LLC, a/k/a AgriCap Financial Corporation, Defendant.

United States District Court, D. South Carolina, Greenville Division.

December 19, 2008.


Attorney(s) appearing for the Case

Weyman C. Carter, McNair Law Firm, Greenville, SC, Mary Jean Fassett, McCarron and Diess, Washington, DC, for Plaintiffs.

David Ira Rosenbaum, Esquire, Rawle and Henderson, Philadelphia, PA, Julio Enrique Mendoza, Jr., Esquire, Suzi Grigg, Esquire, Kimberly Neel Wunder, Esquire, Nexsen Pruet Jacobs and Pollard, Greenville, SC, Christopher Carl Heisenberg, Esquire, Pro Hac Vice, New York, NY, for Defendant.


OPINION & ORDER

HENRY M. HERLONG, JR., District Judge.

This matter is before the court on Plaintiffs Nickey Gregory Company, LLC ("Nickey Gregory") and Poppell's Produce, Inc.'s ("Poppell's Produce") (collectively "Plaintiffs") claims alleging a violation of the Federal Perishable Agricultural Commodities Act, 7 U.S.C. §§ 499a-499s ("PACA"). Therefore, the court has jurisdiction over this matter. Plaintiffs contend that they are beneficiaries...

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