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IN RE BULLDOG TRUCKING, INC.

No. 94-2465.

66 F.3d 1400 (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, Inc., Plaintiff-Appellee, v. STONIER TRANSPORTATION GROUP, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Robert Joseph Gallagher, M. Shields Gallagher & Gallagher, P.C., Northampton, Massachusetts, for Appellant. Joseph L. Steinfeld, Jr., Shawn, Mann & Niedermayer, L.L.P., Washington, D.C., for Appellee. ON BRIEF: Stuart Childs, Charlotte, North Carolina, for Appellant. John T. Siegler, Shawn, Mann & Niedermayer, L.L.P., Washington, D.C.; 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:

Defendant Stonier Transportation appeals from an order of the district court granting Bulldog Trucking summary judgment on its claim for undercharges. In an order dated October 20, 1994, the district court determined that §§ 2 and 8 of the Negotiated Rates Act of 1993 (Rates Act), Pub...

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