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MATTER OF CARAVAN REFRIGERATED CARGO, INC.

No. 88-1209.

864 F.2d 388 (1989)

In the Matter of CARAVAN REFRIGERATED CARGO, INC., Debtor, SUPREME BEEF PROCESSORS, INC., Appellant, v. Robert YAQUINTO, Jr., Trustee for Caravan Refrigerated Cargo, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 1, 1989.

Attorney(s) appearing for the Case

J. Michael Weston, Dallas, Tex., John W. Bryant, Eames, Wilcox, Mastej and Bryant, Detroit, Mich., for appellant.

Louis J. Wade, Culp & Wade, Kansas City, Mo., Robert Yaquinto, Jr., Dallas, Tex., for appellee.

Before REAVLEY, HIGGINBOTHAM, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 1, 1989.

JERRY E. SMITH, Circuit Judge:

This is an archetypal "negotiated rate case" involving a motor carrier and a shipper of beef. The well-worn choreography for these cases involves a motor carrier's action against a shipper to collect for undercharges; that is, to collect the difference between the higher rate which the carrier has filed with the Interstate Commerce

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