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MATTER OF CHICAGO, MISSOURI & WESTERN RY. CO.

Bankruptcy No. 88 B 05141, Adv. Nos. 90 A 0735, 90 A 0362.

156 B.R. 567 (1993)

In the Matter of CHICAGO, MISSOURI & WESTERN RAILWAY COMPANY, an Illinois Corporation EIN-36-3432191. Daniel R. MURRAY, Trustee of the Chicago, Missouri & Western Railway Company, an Illinois Corporation, Plaintiff, v. MOBIL CHEMICAL CO., a Delaware Corporation, Defendant.

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

July 7, 1993.

Attorney(s) appearing for the Case

Joan Fencik, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Mobil Chemical Co.

Randall Mehrberg, Jenner & Block, Chicago, IL, for trustee.

MEMORANDUM OPINION

DAVID H. COAR, Bankruptcy Judge.

This matter comes before the Court on Defendant's Motion for Partial Summary Judgement against Plaintiff, Daniel R. Murray, Trustee (the "Trustee") of the Chicago, Missouri & Western Railway Company ("CMW"), dismissing the Trustee's claims for freight and demurrage charges for transportation services provided by CMW or, in the alternative, the referral of these issues to the Interstate Commerce Commission...

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