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IN RE TUCKER FREIGHT LINES, INC.

No. K87-176, Bankruptcy No. HK 83-2391, Adv. No. 85-0631.

85 B.R. 426 (1988)

In re TUCKER FREIGHT LINES, INC., Debtor. John WALTHOUT, Trustee for Tucker Freight Lines, Inc., Appellant, v. UNITED EXPOSITION SERVICE, INC., Appellee.

United States District Court, W.D. Michigan, S.D.

April 14, 1988.

Attorney(s) appearing for the Case

Rice, Rice, Gilbert & Marston by Kevin M. Ball, Grand Rapids, Mich., for appellant.

Muller, Muller, Richmond, Harms, Myers and Sgroi P.C. by William R. Farran, Grand Rapids, Mich., for appellee.

OPINION

ENSLEN, District Judge.

This matter is before the Court on plaintiff-appellant Walthout's appeal from an order by Bankruptcy Judge Howard referring this matter to the Interstate Commerce Commission ("ICC"). Appellant, the trustee of Tucker Freight Lines, Inc. ("Tucker"), a common carrier, instituted this action on September 12, 1985 seeking recovery of freight bill undercharges. Between August 27, 1982 and...

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