IN RE RFI TRANSPORT, INC.

Civ. A. No. 89 S 954, 89 S 1069.

122 B.R. 124 (1990)

In re RFI TRANSPORT, INC., Debtor. Kay CLEMENTS, Trustee for the Bankruptcy Estate of RFI Transport, Inc., Plaintiff/Appellee, v. SRB TECH TRANSPORT, Defendant/Appellant.

United States District Court, D. Colorado.

December 6, 1990.


Attorney(s) appearing for the Case

David Oppenheim, Englewood, Colo., for plaintiff/appellee.

Robert Gallagher, Northampton, Mass., for defendant/appellant.


ORDER

SPARR, District Judge.

The issue in this bankruptcy appeal is a pointed one: in light of the recent Supreme Court ruling in Maislin Industries, U.S., Inc., et al. v. Primary Steel, Inc., ___ U.S. ___, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990), may the District Court, acting in an appeal from the Bankruptcy Court, order that an issue concerning the reasonableness of a rate charged by a carrier, refer that issue to the Interstate Commerce Commission...

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