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IN RE AMERICANA EXPRESSWAYS, INC.

Bankruptcy No. 91C-25142. Adv. No. 93PC-2391.

172 B.R. 99 (1994)

In re AMERICANA EXPRESSWAYS, INC., Debtor. Kenneth A. RUSHTON, Trustee, Plaintiff, v. SARATOGA FOREST PRODUCTS, INC., Defendant.

United States Bankruptcy Court, D. Utah.

September 12, 1994.

Attorney(s) appearing for the Case

Michael N. Zundel, Jeffery J. Devashrayee, Jardine, Linebaugh, Brown & Dunn, Salt Lake City, UT, Joseph L. Steinfeld, Jr., Sims, Walker and Steinfeld, P.C., Washington, DC, Richard G. Wilkins, Professor of Law, Brigham Young University, Provo, UT, for Kenneth A. Rushton, Trustee, plaintiff.

E. Russell Vetter, Parsons Behle & Latimer, Salt Lake City, UT, for Saratoga Forest Products, Inc.

Brendan Collins, Civil Div., Dept. of Justice, Washington, DC, for Dept. of Justice.

Theodore Kalick, ICC, Washington, DC, for ICC.

Kevin M. McDonough, Giauque Crockett Bendinger & Peterson, Salt Lake City, UT, for Pope & Talbot.

Russell C. Fericks, Richards, Brandt, Miller & Nelson, Salt Lake City, UT, for numerous shipping defendants.

MEMORANDUM OPINION

GLEN E. CLARK, Chief Judge.

On May 10, 1994, and July 12, 1994, the court heard two motions for summary judgment brought by the trustee. The trustee challenges the applicability of the Negotiated Rates Act of 1993 ("NRA") as well as the constitutionality of the NRA itself. The court took the matters under advisement and now issues the following opinion.

FACTS

Americana Expressways ("Americana") was a motor common...

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