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OVERLAND EXP., INC. v. INTERNATIONAL MULTIFOODS

No. IP 90-801-C.

765 F.Supp. 1386 (1990)

OVERLAND EXPRESS, INC., Plaintiff, v. INTERNATIONAL MULTIFOODS, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

December 5, 1990.

Attorney(s) appearing for the Case

James A. Knauer, Gregory P. Cafouros, Kroger Gardis & Regas, Indianapolis, Ind., for plaintiff.

Barbara R. Kueppers, Byron D. Olsen, Minneapolis, Minn., Michael A. Wukmer, Ice Miller Donadio & Ryan, Indianapolis, Ind., for defendant.

ORDER ON DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS AND REFERRAL TO INTERSTATE COMMERCE COMMISSION

McKINNEY, District Judge.

Counsel for the defendant filed a motion for stay and referral of this matter based on various defenses it is raising. In brief, the defendant contends that certain defenses it is raising come within the primary jurisdiction of the Interstate Commerce Commission ("ICC"). As is apparent from the ruling in the case of Overland Express...

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