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ESTATE OF B.J. McADAMS, INC. v. SUGAR FOODS CORPORATION

92 Civ. 2769 (RLC).

171 B.R. 12 (1994)

The BANKRUPTCY ESTATE OF B.J. McADAMS, INC., Plaintiff, v. SUGAR FOODS CORPORATION, Defendant.

United States District Court, S.D. New York.

July 11, 1994.

Attorney(s) appearing for the Case

Piken & Piken, P.C. (Kenneth M. Piken, of counsel), Lake Success, NY, for plaintiff.

Auguello, Pezold & Hirschmann, P.C. (George Carl Pezold, of counsel), Huntington, NY, for defendant.

OPINION

ROBERT L. CARTER, District Judge.

The bankruptcy trustee (the "Trustee") of the estate of B.J. McAdams, Inc. ("McAdams"), formerly a motor carrier, brought this action to collect undercharges for freight shipments delivered by McAdams on behalf of defendant, Sugar Foods Corporation ("Sugar Foods"). Sugar Foods filed a motion to dismiss for lack of subject matter jurisdiction, which the court denied on October 19, 1992. Following the completion...

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