United States Second Circuit

In action to enforce the trust provisions of the Perishable Agricultural Commodities Act after defendant defaulted on payments owed to suppliers and railroad, denial of railroad's motion to intervene to collect its unpaid transportation costs as administrative expenses from trust assets is affirmed as railroad may not recover transportation costs ahead of trust beneficiaries.

Appellate Information

• Decided 10/26/2006
• Published 10/27/2006

Judges

• B.D. PARKER, JR., Circuit Judge:, Before: POOLER, KATZMANN, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jonathan F. Ball, Janssen Keenan & Ciardi P.C., Philadelphia, PA, for Intervenor-Appellant.


• For Appellees:
  
• Louis W. Diess, III & Kate Ellis, McCarron & Diess, Washington, D.C. (Bruce Levinson, New York, NY, on the brief), for Plaintiffs-Appellees.