IN RE LIFSCHULTZ FAST FREIGHT CORP.

Bankruptcy No. 90 B 21673, Adv. Nos. 92 A 01337, 92 A 00841 and 92 A 00022.

157 B.R. 397 (1993)

In re LIFSCHULTZ FAST FREIGHT CORP., Debtor. Bruce E. de'MEDICI, Trustee, Plaintiff, v. FLYGT CORPORATION, FDSI Management Group and Five Dollar Clothing Stores, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

July 23, 1993.


Attorney(s) appearing for the Case

Robert B. Walker, Joseph L. Steinfeld, Jr. and John T. Siegler, Sims, Walker & Steinfeld, Washington, DC, for trustee.

Bruce E. de'Medici, Rodriguez & Villalobos, Chicago, IL, for the estate.

Thomas F. McFarland, Jr., Belnap, Spencer, McFarland & Herman, Chicago, IL and Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, P.C., Washington, DC, for ITT Flygt Corp.

William D. Brejcha, Abramson & Fox, Chicago, IL and Robert J. Gallagher, Northhampton, MA, for FDSI Mgmt. Group and Five Dollar Clothing.


MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

I. INTRODUCTION

These adversary proceedings involve the procedural residue left by the Supreme Court's recent decision in Reiter v. Cooper, ___ U.S. ___, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), holding that shippers' unreasonable rate claims made in response to bankruptcy trustees' attempts to collect unpaid filed tariffs are in the nature of recoupment, subject to ordinary...

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