Companies say fruit store didn't pay for produce

By Kelly Holleran | Dec 7, 2009

HUNTINGTON – Two produce companies say a Huntington fruit store failed to pay them more than $25,000 for produce they provided the store.

Basciani Foods claims it sold $13,424.65 worth of wholesale quantities of produce to Roy Enterprises doing business as Buck's Fruit Co. between Nov. 3, 2008, and Feb. 16. In addition, between June 22 and July 8, Horton's also delivered $11,907.50 worth of produce to the fruit stand, according to the complaint filed Oct. 28 in U.S. District Court for the Southern District of West Virginia.

"At the time of the receipt of the produce, Plaintiffs became beneficiaries in a statutory trust designed to assure payment to produce suppliers," the suit states. "The trust consists of all produce or produce-related assets, including all funds commingled with funds from other sources and all assets procured by such funds, in the possession or control of Defendants since the creation of the trust."

Because Buck's has not paid Basciani and Horton's for produce they delivered, the two companies sent an invoice to Buck's in the aggregate amount of $25,332.15 and, in effect, preserved their interest in the trust where they will remain beneficiaries until Buck's pays them in full, the complaint says.

Although Buck's fails to dispute its alleged debt, it has refused to make any payments to Basciani and Horton's, they claim.

In addition to Buck's, other defendants named in the suit include Carolyn Roy and C. Randal Blatt, who are the officers and directors of Buck's.

In addition to the money they say they are due, the plaintiffs are seeking attorneys' fees, costs and pre-judgment interest.

They will be represented by Kimberley K. Palmer of Spilman, Thomas and Battle in Charleston, by Arch W. Riley Jr. of Spilman, Thomas and Battle in Wheeling and by Maria C. Simon of McCarron and Diess in Washington, D.C.

U.S. District Court case number: 3:09-cv-1182

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