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MATTER OF BEST REFRIGERATED EXPRESS, INC.

Bankruptcy No. BK89-169, Adv. Nos. A91-4016, A91-4045 and A91-4035.

132 B.R. 420 (1991)

In the Matter of BEST REFRIGERATED EXPRESS, INC., Debtor. Thomas F. HOARTY, Jr., Trustee For Best Refrigerated Express, Inc., Plaintiff, v. BENNETT TRANSPORTATION, Defendant, v. U.S. COMEX CORPORATION, Defendant, v. Ralph GODIC, d/b/a R & G Brokerage, Defendant.

United States Bankruptcy Court, D. Nebraska.

August 21, 1991.

Attorney(s) appearing for the Case

Dwight E. Steiner, Omaha, Neb., for Best Refrigerated Exp., Inc.

Norman H. Wright, Omaha, Neb. and Robert B. Walker, Washington, D.C. for plaintiff, Thomas F. Hoarty, Jr.

Thomas L. Saladino, Omaha, Neb. and Robert J. Gallagher, Northhampton, Mass., for defendant, Bennett Transp.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In each of these unconsolidated adversary proceedings the defendants filed Motions That This Proceeding be Determined to be a Non-Core Proceeding. The adversary proceedings were commenced by the trustee to collect freight undercharges from the defendant for the difference between the rate filed with the Interstate Commerce Commission ("ICC") and the contract rate...

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