IN RE AMERICANA EXPRESSWAYS

Bankruptcy No. 91-C-25142. Adv. No. 93-PC-2391. District Ct. No. 94-C-1171S.

177 B.R. 960 (1995)

In re AMERICANA EXPRESSWAYS, Debtor. Kenneth A. RUSHTON, Trustee, Plaintiff, v. SARATOGA FOREST PRODUCTS, INC., Defendant. United States of America on behalf of the Interstate Commerce Commission, Intervenor-Defendant.

United States District Court, D. Utah, Central Division.

February 7, 1995.


Attorney(s) appearing for the Case

Michael N. Zundel, Jardine, Linebaugh, Brown & Dunn, Salt Lake City, UT, for plaintiff.

E. Russell Vetter, Parsons Behle & Latimer; Kevin M. McDonough, Giaque, Crockett, Bendinger & Peterson; Russell C. Fericks, Richards, Brandt, Miller & Nelson, Salt Lake City, UT, Russell M. Allen, Allen, Fellows, Livingston, Greif, Sheridan, Ryan, Odman & Ford, Portland, OR, Daniel P. Price, Asst. U.S. Atty., U.S. Attorney's Office, Salt Lake City, UT, J. Christopher Kohn, Brendan Collins, Tracy J. Whitaker, U.S. Dept. of Justice, Civ. Div., and Henri F. Rush, Theodore Kalick and Virginia Strasser, Office of Gen. Counsel, I.C.C., Washington, DC, for defendant.


SAM, District Judge.

The United States of America on behalf of the Interstate Commerce Commission (ICC) objects to an Order of the bankruptcy court, provisionally granting the trustee's motions for partial summary judgment in this and 14 related adversarial proceedings.1 The bankruptcy court's Order adopted a Memorandum Opinion dated September 13, 1994, as its report and recommendation to the...

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