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IN RE ONEIDA MOTOR FREIGHT, INC.

Bankruptcy No. 85-03606, Adv. Nos. 87-0513, 87-0661 and 87-0527.

86 B.R. 344 (1987)

In Re ONEIDA MOTOR FREIGHT, INC., Debtor. ONEIDA MOTOR FREIGHT, INC., Debtor, and Delta Traffic Service, Inc., Plaintiffs, v. FELSWAY CORPORATION, Defendant. ONEIDA MOTOR FREIGHT, INC., Debtor, and Delta Traffic Service, Inc., Plaintiffs, v. C & A WALLCOVERINGS, INC., formerly known as Imperial Manufacturing Company, etc., Defendant. ONEIDA MOTOR FREIGHT, INC., Debtor, and Delta Traffic Service, Inc., Plaintiffs, v. The ORMOND SHOPS, INC., Defendant.

United States Bankruptcy Court, D. New Jersey.

October 19, 1987.

Attorney(s) appearing for the Case

Klinger, Nicolette, Mavroudis & Honig, P.C. by Richard B. Honig, Oradell, N.J., for debtor/plaintiff, Oneida Motor Freight, Inc.

Sims, Walker & Steinfeld, P.C. by Joseph L. Steinfeld, Jr., Washington, D.C., for plaintiff, Delta Traffic Service, Inc.

Slade & Pellman by Linda Gerstel, New York City, and Bursik, Kuritsky & Giasullo by David H.E. Bursik, West Orange, N.J., for defendant, Felsway Corp.

Kalb, Friedman & Siegelbaum, Roseland, and Verner Liipfert, Bernhard, McPherson and Hand, Chartered by Mark J. Andrews, Washington, D.C., for defendant, C & A Wallcoverings, Inc.

Bendit, Weinstock & Sharbaugh by James F. Keegan, West Orange, N.J., and Moore, Berson, Lifflander, Eisenberg & Mewhinney by Larsh B. Mewhinney, New York City, for defendant, The Ormond Shops, Inc.

OPINION

WILLIAM F. TUOHEY, Judge.

The above three adversary matters involve similar underlying facts. In each adversary matter the defendants have moved before this Court seeking to have the Court abstain from hearing the within adversary complaint, or in the alternative the dismissal of the complaint, or in the alternative for the entry of a stay and referral of the dispute for further hearing before the Interstate Commerce Commission. Oral argument was...

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