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KROBLIN REFRIGERATED XPRESS, INC. v. PITTERICH

Nos. 85-3719, 85-3720, 86-3005, 86-3006 and 86-3332.

805 F.2d 96 (1986)

KROBLIN REFRIGERATED XPRESS, INC., Appellant in No. 85-3719, v. Wernert J. PITTERICH. Wernert J. PITTERICH, Suzanne E. Rickards, Executrix of the Estate of E.C. McCormick, Harold D. Doyle, Dorothy Ortbring, Charles F. Rodgers, Gene Rotondi, John Trapp, Gerhard J. Brennan, William Kirk, A. David Millner, Edward F. Bowes, Robert E. Gesell, and Edward Kramer v. KROBLIN REFRIGERATED XPRESS, INC., Kroblin Transportation System, Inc., and Allen E. Kroblin. (Four Cases) Appeal of KROBLIN REFRIGERATED XPRESS, INC., in No. 85-3720. Appeal of Suzanne E. RICKARDS, Executrix of the Estate of E.C. McCormick, Harold P. Doyle and Dorothy Ortbring, in No. 86-3005. Appeal of Wernert J. PITTERICH, in No. 86-3006. Appeal of Harold P. DOYLE and Dorothy Ortbring, in No. 86-3332.

United States Court of Appeals, Third Circuit.

Decided November 6, 1986.

Rehearing Denied December 1, 1986.

Attorney(s) appearing for the Case

David E. Lehman (argued), McNees, Wallace & Nurick, Harrisburg, Pa., for appellants in Nos. 86-3005, 86-3332 and for cross-appellees in Nos. 85-3719, 85-3720.

Michael P. Pitterich (argued), Pittsburgh, Pa., for appellant Wernert J. Pitterich in No. 86-3006.

Charles F.C. Ruff (argued), Hillary A. Sloan, Covington & Burling, Washington, D.C., Stephen Jurman, McCann, Garland, Ridall & Burke, Pittsburgh, Pa., for cross-appellant in Nos. 85-3719, 85-3720, for appellees in Nos. 86-3005, 86-3006, and for appellees in No. 86-3332.

Before ALDISERT, Chief Judge, and WEIS and MANSMANN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The deregulation of the trucking industry during the Carter Administration and the complicated history of various sales of a trucking company that possessed valuable transportation rights prior to deregulation form the backdrop for numerous issues that command our attention here in consolidated appeals from a district court bench trial. The district court determined that Kroblin Transportation System, Inc. and...

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