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IN RE SUBURBAN MOTOR FREIGHT, INC.

Bankruptcy No. 2-87-00822, Adv. Nos. 2-89-0013, 2-89-0061 and 2-89-0076.

103 B.R. 888 (1989)

In re SUBURBAN MOTOR FREIGHT, INC., Debtor. (Three Cases) Stephen K. YODER, Trustee and Delta Traffic Service, Inc., Plaintiffs, v. ELICON A. MICRODOT COMPANY, Defendant. Stephen K. YODER, Trustee and Delta Traffic Service, Inc., Plaintiffs, v. PMS CONSOLIDATED, INC., Defendant. Stephen K. YODER, Trustee and Delta Traffic Service, Inc., Plaintiffs, v. GENERAL MOTORS CORPORATION, Defendant.

United States Bankruptcy Court, S.D. Ohio, E.D.

August 7, 1989.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Robert B. Walker, Washignton, D.C., for plaintiffs.

Stephen K. Yoder, Bricker & Eckler, Columbus, Ohio, pro se.

James W. Muldoon, David M. Greim, Muldoon, Pemberton & Ferris, Columbus, Ohio, William J. Augello, Augello, Pezold & Hirshmann, P.C., Huntington, N.Y., for defendants.

Charles M. Caldwell, Columbus, Ohio, Asst. U.S. Trustee.

OPINION AND ORDER

R. GUY COLE, Jr., Bankruptcy Judge.

I. Preliminary Statement

Several common legal issues have been raised in the above-captioned adversary proceedings by the parties' filing of the following motions: (1) defendants' Motion[s] for Transfer and Reference of Issues to the Interstate Commerce Commission ("ICC") and For Stay of Adversary Proceeding[s] (collectively, the "Referral Motion"); and (2) plaintiffs' motions to dismiss...

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