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IN RE TAYNTON FREIGHT SYSTEMS, INC.

Bankruptcy No. 5-85-00167, Adv. No. 5-87-0080.

76 B.R. 971 (1987)

In re TAYNTON FREIGHT SYSTEMS, INC., Debtor. TAYNTON FREIGHT SYSTEMS, INC. and Delta Traffic Service, Inc., Plaintiff, v. TRIPAR TRANSPORTATION, INC., Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

August 14, 1987.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Washington, D.C., for Delta Traffic.

Edward H. Owlett, III, Wellsboro, Pa., for Taynton.

M.J. Leavitt, Northville, Mi., for defendant Tripar.

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

Tripar Transportation, Inc. (hereinafter "Tripar") commenced this action seeking to refer certain issues presented in plaintiffs'1 Complaint to Recover Freight Charges to the Interstate Commerce Commission (hereinafter the ICC) under the doctrine of primary jurisdiction.

The record in the present case reveals that Taynton...

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