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ALLEN v. ITM, LTD. SOUTH

No. 2:93CV00271.

167 B.R. 63 (1994)

L. Lou ALLEN, Trustee on Behalf of the Bankruptcy Estate of TSC Express Co., Plaintiff, v. ITM, LTD. SOUTH, Defendant.

United States District Court, M.D. North Carolina, Greensboro Division.

March 10, 1994.

Attorney(s) appearing for the Case

Janine W. Dunn, Raleigh, NC, David G. Sperry, Law Offices, Independence, MS, for plaintiff L. Lou Allen.

Paul E. Marth, Forman, Marth, Black & Angle, P.A., Greensboro, NC, for defendant ITM, Ltd. South.

MEMORANDUM OPINION

SHARP, United States Magistrate Judge.

This case is before the court on the motion of Defendant ITM, Ltd. South ("ITM") for summary judgment.1 On November 23, 1993, this court ordered the action stayed pending resolution by the Interstate Commerce Commission ("ICC") of the reasonableness of TSC Express Company's ("TSC") filed shipping rates.2 Shortly after this court stayed the...

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