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United States Second Circuit


KOAM PRODUCE, INC. v. DIMARE HOMESTEAD, INC., 02-9023

A reparations award under the Perishable Agriculture Commodities Act is affirmed, as price-adjustment agreements were voidable under the doctrine of mistake, and defendant failed to prove that appellee breached supply agreements by shipping sub-standard tomatoes. An attorneys' fee award under 7 U.S.C. section 499(g)(c) is affirmed.

Appellate Information

  • Decided 05/09/2003
  • Published 05/13/2003

Judges

  • Before:  MCLAUGHLIN and B.D. PARKER, Jr., Circuit Judges, and GOLDBERG, Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Charles E. Knapp,Law Office of Charles E. Knapp, P.C., New York, NY, for Petitioner-Appellant.

  • For Appellees:
  • Lewis P. Janowsky, Rynn & Janowsky (Bart M. Botta, on the brief), Newport Beach, CA, for Respondent-Appellee.
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