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BREMAN'S EXP. CO. v. H & H DISTRIBUTING CO.

Bankruptcy No. 84-92, Adv. Nos. 86-41, 86-33, 86-281, 86-278, 86-53, 86-61, 86-276, 86-79 and 86-42.

69 B.R. 356 (1987)

In re BREMAN'S EXPRESS COMPANY, Debtor-In-Possession, Plaintiff, v. H & H DISTRIBUTING COMPANY, Defendant, v. DON FISHER SALES COMPANY, Defendant, v. METALCHEM, INC., Defendant, v. TILE CITY OF PENNSYLVANIA, INC., Defendant, v. MITCHELL MINING, Defendant, v. PROCOM, INC., Defendant. BREMAN'S EXPRESS COMPANY, Debtor-In-Possession, Plaintiff, v. SORCE, INC., Defendant, v. PRYOR CORPORATION, Defendant, v. GENCO TRANSPORTATION SERVICES, INC., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

January 14, 1987.

Attorney(s) appearing for the Case

Teresa M. Strus, Culp, Strus & Wade, Kansas City, Mo., Michael J. Henny, Ravick, Beck & Henny, Pittsburgh, Pa., for plaintiff.

Charles J. Streiff, Wick, Rich, Fluke & Streiff, Pittsburgh, Pa., for H & H Distributing Co., Don Fisher Sales Co., Metalchem, Inc., Tile City Of Pennsylvania, Inc., Sorce, Inc., and Pryor Corp.

Andrew C. Holcomb, Kirkland & Ellis, Chicago, Ill., for Pryor Corp.

Dennis J. Kusturiss, Vuono, Lavelle & Gray, Pittsburgh, Pa., for Procom, Inc.

Stephen J. Laidhold, Lampl, Sable, Makoroff & Libenson, Pittsburgh, Pa., for GENCO Transp. Services, Inc.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before this Court is the Defendant's Joint Motion to refer issues to the Interstate Commerce Commission ("ICC"), which are identical to issues presently before said agency, based upon the doctrine of primary jurisdiction. Specifically, the Defendants aver that their defenses to the Debtor's Complaints to recover additional freight charges involve the reasonableness...

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