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Conflict of Laws Keyed to Hay, 16th Ed.
Dayka & Hackett, LLC. v. Del Monte Fresh Produce N.A., Inc.
Citation:
269 P.3d 709, 228 Ariz. 533 (2012)Facts
In January 2007, D & H entered into marketing and security agreements with Mexican grape growers in Sonora, Mexico, to finance their 2007 crop. D & H filed a financing statement in Washington, D.C., on January 18, 2007, pursuant to A.R.S. § 47-9307(C). The security agreement granted D & H an interest in the 2007 crop and any future crops plus proceeds. When the 2007 crop failed, the growers defaulted, owing D & H $688,587.71. In 2008, Del Monte, unaware of D & H’s interest, advanced funds to the growers for their 2008 crop after conducting a lien search in Sonora’s public registry. Del Monte entered into its own marketing and security agreement and registered its interest in Sonora in May 2008. On April 24, 2008, D & H notified Del Monte of its security interest, but Del Monte asserted a superior interest, marketed the 2008 crop, and retained all sales proceeds.
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