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IN RE ROBERTS CARRIER CORP.

Bankruptcy No. 390-10391, Adv. No. 392-0475A.

157 B.R. 109 (1993)

In re ROBERTS CARRIER CORP., Debtor. Paul E. JENNINGS, Trustee, Plaintiff, v. TAMAQUA CABLE PRODUCTS CORP., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

August 13, 1993.

Attorney(s) appearing for the Case

Paul E. Jennings, Paul E. Jennings Law Offices, P.C., Nashville, TN, Trustee and for Trustee.

Phillip North, North & Gideon, Nashville, TN, for Tamaqua Cable Products Corp.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the "contract carrier" and "rate reasonableness" issues in these carrier undercharge adversary proceedings should be referred to the Interstate Commerce Commission under the doctrine of primary jurisdiction. Referral of the contract carrier and rate reasonableness issues is denied. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.

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