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Is a seller entitled to reimbursement of its attorneys, fees from other PACA trust creditors who attempt to “free ride” on the trust enforcement action?

April 26, 2017attempt attorneys Creditors entitled fees paca Reimbursement seller Trust

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Is a seller entitled to reimbursement of its attorneys, fees from other PACA trust creditors who attempt to “free ride” on the trust enforcement action?

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Courts have held the PACA trust beneficiary who recovers a common fund for the benefit of persons other than himself is entitled to be reimbursed their reasonable attorneys’ fees from the fund as a whole.