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IN RE BULLDOG TRUCKING, INC.

Nos. 94-2002, 94-2003, 94-2005 and 94-2006.

66 F.3d 1390 (1995)

In re BULLDOG TRUCKING, INCORPORATED, formerly known as Bulldog Trucking of Georgia, Incorporated, a Delaware corporation, Debtor. Langdon M. COOPER, Trustee for Bulldog Trucking, Incorporated, Plaintiff-Appellee, v. B & L, INCORPORATED, Defendant-Appellant, United States of America; Interstate Commerce Commission, Amici Curiae. In re BULLDOG TRUCKING, INCORPORATED, formerly known as Bulldog Trucking of Georgia, Incorporated, a Delaware corporation, Debtor. Langdon M. COOPER, Trustee for Bulldog Trucking, Incorporated, Plaintiff-Appellee, v. SHAW'S EXPRESS, INCORPORATED, Defendant-Appellant, United States of America; Interstate Commerce Commission, Amici Curiae. In re BULLDOG TRUCKING, INCORPORATED, formerly known as Bulldog Trucking of Georgia, Incorporated, a Delaware corporation, Debtor. Langdon M. COOPER, Trustee for Bulldog Trucking, Incorporated, Plaintiff-Appellee, v. CANAAN BROKERAGE, INCORPORATED; Agrolinz, Incorporated; Delta and Pine Land Company; J.C. Penney Company, Incorporated; Levelland Compress Company, Incorporated; N.L. Daughtry Fertilizer Company; Terra International, Incorporated; Tifton Aluminum Processing, Incorporated; Waverly Textile Processing, Incorporated, Defendants-Appellants, United States of America; Interstate Commerce Commission, Amici Curiae. In re BULLDOG TRUCKING, INCORPORATED, formerly known as Bulldog Trucking of Georgia, Incorporated, a Delaware corporation, Debtor. Langdon M. COOPER, Trustee for Bulldog Trucking, Incorporated, Plaintiff-Appellee, v. MEREDITH TRANSPORT, INCORPORATED; American Manufacturing Mutual, Defendants-Appellants, United States of America; Interstate Commerce Commission, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Paul H. Lamboley, Grove, Jaskiewicz, Gilliam & Cobert, Washington, DC, for Appellants. Charles Derrick Stodghill, Civil Division, United States Department of Justice, Washington, DC, for Amici Curiae. Joseph L. Steinfeld, Jr., Shawn, Mann & Niedermayer, L.L.P., Washington, DC, for Appellee. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Mark T. Calloway, United States Attorney, J. Christopher Kohn, Tracy J. Whitaker, Civil Division, United States Department of Justice, Washington, DC; Henri F. Rush, General Counsel, Ellen D. Hanson, Deputy General Counsel, Theodore K. Kalick, Virginia Strasser, Interstate Commerce Commission, Washington, DC, for Amici Curiae. John T. Siegler, Shawn, Mann & Niedermayer, L.L.P., Washington, DC; Langdon M. Cooper, Alala, Mullen, Holland & Cooper, P.A., Gastonia, North Carolina, for Appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge MURNAGHAN and Judge FABER joined.

OPINION

WIDENER, Circuit Judge:

This consolidated appeal requires us to decide whether certain provisions of the Negotiated Rates Act of 1993, Pub.L. No. 103-180, 107 Stat. 2044, apply to proceedings in bankruptcy. In each case, the trustee for Bulldog Trucking, Inc., a bankrupt motor carrier, sought undercharges for shipping...

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