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.