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IN RE YURIKA FOODS CORP.

No. 88-1692.

888 F.2d 42 (1989)

In re YURIKA FOODS CORP., Debtor and Debtor-in-Possession. YURIKA FOODS CORPORATION, Plaintiff-Appellee, v. UNITED PARCEL SERVICE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1989.

Attorney(s) appearing for the Case

Todd M. Halbert, John G. Colucci (argued), Asher Rabinowitz, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for Yurika Foods Corp.

James M. Wienner, Butzel, Long, Gust, Klein & Van Zile, Birmingham, Mich., Irving R. Segal (argued), David G. Battis, Carl A. Solano, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for United Parcel Service.

Before JONES, WELLFORD and GUY, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Defendant, United Parcel Service ("UPS"), appeals the judgment of the district court, which decided for plaintiff Yurika Foods Corporation ("Yurika"). For the following reasons, we reverse.

I.

Yurika is engaged in the distribution, marketing and selling of food products. UPS is a common carrier of freight regulated by the Interstate Commerce Commission ("ICC"). Since its inception in 1982, Yurika used UPS and other...

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