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MATTER OF BROWN TRANSPORT TRUCKLOAD, INC.

Bankruptcy Nos. A89-12515, A89-12517 and A89-12521, Adv. No. 91-6926A.

142 B.R. 536 (1992)

In the Matter of BROWN TRANSPORT TRUCKLOAD, INC., Brown Transport Corp., Thurston Motor Lines, Inc., Debtors. Robert E. BRIZENDINE, Trustee on Behalf of the Bankruptcy Estate of Brown Transport Truckload, Inc., Brown Transport Corp., and Thurston Motor Lines, Inc., Plaintiff, v. BEATRICE/HUNT-WESSON, INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

July 1, 1992.

Attorney(s) appearing for the Case

T. Gordon Lamb, Lamb and Associates, Atlanta, Ga., for plaintiff.

Thomas W. Rhodes, Edward H. Wasmuth, Jr., Smith, Gambrell & Russell, Atlanta, Ga., and Robert J. Bothe, McGrath, North, Mullin & Kratz, Omaha, Neb., and Peter A. Greene, Thompson Hine & Flory, Washington, D.C., for defendant.

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

This matter is before the Court on Motion for Summary Judgment, filed in the above-referenced adversary proceeding by Robert E. Brizendine, the Trustee for the debtors in this proceeding, Brown Transport Corp., et al. ("Plaintiff"), and a Cross Motion for Summary Judgment or, in the Alternative, for Referral to the Interstate Commerce Commission ("ICC"), filed by Beatrice/Hunt-Wesson, Inc. ("Defendant"). This...

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