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ALLEN v. SPIEGEL, INC.

No. 93 C 2816.

169 B.R. 394 (1994)

L. Lou ALLEN, Trustee on Behalf of the Bankruptcy Estate of TSC Express Co., Plaintiff, v. SPIEGEL, INC. and United Pool Distribution, Incorporated, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

June 13, 1994.

Attorney(s) appearing for the Case

Lawrence M. Liebman, Timothy F. Eddy, Eddy & Liebman, Chicago, IL, for L. Lou Allen, plaintiff.

Sara Elwood Cook, Christine Louise Olson, Ellen Debra Holzman, McKenna, Storer, Rowe, White & Farrug, Chicago, IL, for Spiegel, Inc., defendant.

Floyd Babbitt, Donald Joseph Vogel, Sara Lynne Thomas, Fagel & Haber, Chicago, IL, for United Pool Distribution, Inc., defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff L. Lou Allen, as trustee of the bankruptcy estate of TSC Express Co., brings this action to recover alleged undercharges arising from the transportation of defendant Spiegel, Inc.'s merchandise. Presently before the court is Allen's motion for summary judgment and defendants' motion for stay and referral to the Interstate Commerce Commission ("ICC"). For the reasons set forth below, Allen...

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