Spada Properties Inc v. Unified Grocers, Inc.

Filing 40

Opinion and Order - The Court GRANTS IN PART and DENIES IN PART USC's motion for summary judgment (Dkt. 14 ). With respect to Unified's affirmative defenses of estoppel and course of dealings, failure to state a claim, waiver, unclean hand s, failure to mitigate, and consent, the motion is granted. With respect to USC's PACA claim, and money had and received claim, and the affirmative defenses of bona fide purchaser, good faith beneficiary, statute of limitations, and laches, the motion is denied. Signed on 8/15/2014 by Judge Michael H. Simon. (mja)

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