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Alphas Company, Inc v. Dan Tudor & Sons Sales, Inc

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

This case involves the statutory appeals process to the federal courts for review of disputes over perishable agricultural goods. The question presented, new to this court, is whether a petitioner’s failure to comply with the bond requirement in the Perishable Agricultural Commodities Act of 1930 (“PACA”), 7 U.S.C. § 499a et seq., which authorizes an appeal to a federal district court from a reparation order by the Secretary of Agriculture, renders that appeal ineffective under 7 U.S.C. § 499g(c). We hold that appellant’s failure to file the required bond here rendered its appeal to the district court ineffective. We affirm the district court’s grant of the motion to dismiss the appeal.

I.

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