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IN RE SOUTHWEST EQUIPMENT RENTAL, INC.

Bankruptcy No. 1-88-00033, Adv. No. 1-89-0110.

103 B.R. 908 (1989)

In re SOUTHWEST EQUIPMENT RENTAL, INC., d/b/a Southwest Motor Freight, Debtor. C. Kenneth STILL, Trustee in Bankruptcy, Plaintiff, v. SALEM CARPET MILLS, INC., Defendant.

United States Bankruptcy Court, E.D. Tennessee.

July 28, 1989.

Attorney(s) appearing for the Case

Robert G. Norred, Jr., of Patrick, Beard, & Richardson, Chattanooga, Tenn., Robert B. Walker, Joseph L. Steinfeld, Jr., and John Siegler of Sims, Walker, & Steinfeld, Washington, D.C., for plaintiff.

Bruce C. Bailey of Chambliss, Bahner, Crutchfield, Gaston & Irvine, Chattanooga, Tenn., for defendant.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

The defendant, Salem Carpet Mills, has filed a motion to refer this proceeding to the Interstate Commerce Commission (the ICC).

The plaintiff is the trustee in bankruptcy of Southwest Motor Freight. Before its bankruptcy, Southwest hauled cargo for Salem. The trustee's complaint alleges that Southwest charged and Salem paid a lower shipping rate than the applicable rate on file with the ICC. The trustee seeks...

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