Derek & Matthew Bissette Farms v. Bissett Produce, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 18, 2015
• Docket: 15-1149
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1149

DEREK & MATTHEW BISSETTE FARMS; BRANTLEY FARMS, INC.; ERW FARMS, LLC; NICHOLS & NICHOLS FARMS, INC.; ROCK RIDGE FARMS PARTNERSHIP,

Plaintiffs – Appellants,

v.

BISSETT PRODUCE, INC.; AGCAROLINA FARM CREDIT, ACA,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:14-cv-00451-FL)

Submitted: July 30, 2015 Decided: August 18, 2015

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephen P. McCarron, Kate Ellis, McCARRON & DIESS, Washington, D.C., for Appellants. Lisa P. Sumner, Jill C. Walters, Andrew H. Erteschik, POYNER SPRUILL LLP, Raleigh, North Carolina; Jason L. Hendren, Rebecca F. Redwine, HENDREN & MALONE, PLLC, Raleigh, North Carolina; Lawrence H. Meuers, MEUERS LAW FIRM, PL, Naples, Florida, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Derek & Matthew Bissette Farms, Brantley Farms, Inc., ERW

Farms, LLC, Nichols & Nichols Farms, Inc., and Rock Ridge Farms

Partnership appeal from the district court’s order affirming the

bankruptcy court’s order dismissing their complaint filed in the

underlying bankruptcy proceeding, seeking to assert certain

rights under the Perishable Agricultural Commodities Act, 7

U.S.C. §§ 499a-499t (2012). We have reviewed the record included

on appeal, as well as the parties’ briefs, and find no

reversible error. Accordingly, we affirm on the reasoning of the

courts below. Derek & Matthew Bissette Farms v. Bissett Produce,

Inc., No. 5:14-cv-00451-FL (E.D.N.C. Feb. 2, 2015). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before this Court and

argument would not aid the decisional process.

AFFIRMED