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Contracts
Breach of Contract
Perishable Agricultural Commodities Act

Lompa Farms Inc. v. Anchor Warehouse Services, LLC, M. Park Inc., Old West Export Inc., S. Surabian & Sons, Garth Ramseier, Max Cardy, Diann Anderson, Dave Muse, Lane A. Anderson, Hyun J. Kim, Albert O Surabian Sr., Mary Flora

Published: Feb. 18, 2012 | Result Date: Jan. 27, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 5:2011-cv-00062 Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Kathryn S. Diemer


Defendant

Edward W. Smithers
(Smithers Law Firm)


Facts

Lompa Farms Inc. was a wholesale grower of perishable agricultural commodities, and brought an action for breach of contract and claims under the Perishable Agircultrial Commodities Act against Anchor Warehouse Services, LLC, M. Park Inc., Old West Export Inc., S. Surabian & Sons, Garth Ramseier, Max Cardy, Diann Anderson, Dave Muse, Lane A. Anderson, Hyun J. Kim, Albert O Surabian Sr., and Mary Flora. All defendants except Cardey were dismissed.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Cardey inspected its lemon grove as an agent of Anchor and entered into an agreement for the harvesting and packing of the lemon crop in 2009. Later, plaintiff sold Anchor 794 bins of lemons. Plaintiff alleged that Anchor failed to pay.

Result

The court granted defendant's motion to dismiss.


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