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IN RE AMERICAN FREIGHT SYSTEM, INC.

Bankruptcy No. 88-41050-11. Adv. No. 94-7011.

179 B.R. 952 (1995)

In re AMERICAN FREIGHT SYSTEM, INC., Debtor. AMERICAN FREIGHT SYSTEM, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION, United States of America, B.F. Goodrich a/k/a Uniroyal Goodrich Tire, Interplastic Company and Higbee Company, Defendants.

United States Bankruptcy Court, D. Kansas.

As Corrected April 25, 1995.

Attorney(s) appearing for the Case

Kurt Stohlgren, Kansas City, MO, for debtor/plaintiff.

Virginia Strasser, Washington, DC, for defendant I.C.C.

Brendan Collins, Dept. of Justice, Washington, DC, for defendant U.S.

Scott J. Goldstein, Kansas City, MO, for B.F. Goodrich.

Joseph M. Weiler, Topeka, KS, for defendant Interplastic Co.

Anthony D. Clum, Topeka, KS, for defendant Higbee Co.

Mark A. Dickerson, Pleasant Hill, CA, for Levi, Strauss & Co.

Paul Hoffmann, Kansas City, MO.

MEMORANDUM OPINION AND ORDER

JULIE A. ROBINSON, Bankruptcy Judge.

This matter comes before the Court pursuant to the motions to dismiss filed by defendants Interstate Commerce Commission ("ICC"), United States of America ("USA") and Interplastic Company ("Interplastic"), seeking dismissal of the instant adversary action filed by debtor American Freight System, Inc. ("AFS"). Levi, Strauss & Company has filed an amicus curiae brief in support of...

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