United States Third Circuit

Post-default agreements entered into by a company licensed under the Perishable Agricultural Commodities Act (PACA) and its produce suppliers, which set the payment for the produce at an amount lower than the invoice price, do not bar the U.S. Department of Agriculture (USDA) from enforcing the prompt payment provisions of the PACA.

Appellate Information

• Decided 03/02/2007
• Published 03/02/2007

Judges

• SLOVITER, Circuit Judge., Before SLOVITER, RENDELL, and CUDAHY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kevin P. Claffey, Gentile & Dickler, New York, NY, Attorney for Petitioner.


• For Appellees:
  
• Stephen M. Reilly, United States Department of Agriculture, Office of General Counsel, Washington, DC, Attorney for Respondents.