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

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-00451-FL,13-00713-8-SWH,13-00094-8-SWH Copies to all parties and the district court/agency. [999642222].. [15-1149]

Appeal: 15-1149

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Filed: 08/18/2015

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1149

Doc: 33

Filed: 08/18/2015

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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
rights

bankruptcy

under

the

proceeding,

Perishable

seeking

Agricultural

to

assert

Commodities

certain
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

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