Sweet Ones, Inc. v. Mercantile Bank, No. 1:09-CV-1092, 2010 U.S. Dist. LEXIS 39980 (W.D. Mich. Apr. 23, 2010)

(plaintiff, buyer and re-seller of perishable produce, received loan from defendant pledging cash and accounts receivable as security for the loan; plaintiff failed to pay loan in full and loan not renewed; defendant exercised creditor's right to set-off over $63,000 from plaintiff's bank account with defendant and notified plaintiff's customers that payments to plaintiff should be sent directly to defendant; plaintiff claimed that defendant caused plaintiff to breach its obligations under the PACA - plaintiff owed almost $300,000 to produce suppliers it claims are "valid PACA trust beneficiaries"; plaintiff is a commission merchant, dealer, or broker subject to PACA; court holds that PACA does not create an implied private cause of action for buyers that are not PACA trust beneficiaries and that PACA trust provisions only protect unpaid sellers not produce buyers; summary judgment granted for defendant). 

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