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IN RE AMERICAN FREIGHT SYSTEM, INC.

Nos. 90-4025-S, 88-41050-11.

126 B.R. 800 (1991)

In re AMERICAN FREIGHT SYSTEM, INC., Debtor. ROADRUNNER FREIGHT SYSTEMS, INC., Appellant, v. AMERICAN FREIGHT SYSTEM, INC., Appellee.

United States District Court, D. Kansas.

April 2, 1991.

Attorney(s) appearing for the Case

K. Thor Lundgren, Kristine H. Cleary, Michael, Best & Friedrich, Milwaukee, Wis., Charles R. Hay, Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for appellant.

Michael J. O'Rourke, Robert J. Labate, Nancy Alquist, Michael J. Collins, Winston & Strawn, Chicago, Ill., Norman E. Beal, Kent E. Whittaker, Hillix, Brewer, Hoffhaus, Whittaker & Horner, Kansas City, Mo., for debtor.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on appeal by Roadrunner Freight Systems, Inc. ("appellant") from a Judgment (R. Doc. 11), and Memorandum of Decision (R. Doc. 12), entered on January 17, 1990 (as amended on January 31, 1990) (R. Doc. 15), by the United States Bankruptcy Court for this District in which the bankruptcy court granted the motion of the debtor, American Freight System, Inc. ("debtor"), to set aside...

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