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IN RE AMERICAN FREIGHT SYSTEM, INC.

Bankruptcy No. 88-41050-11. Adv. Nos. 90-7289, 90-7351.

185 B.R. 345 (1995)

In re AMERICAN FREIGHT SYSTEM, INC., Debtor. AMERICAN FREIGHT SYSTEM, INC., Plaintiff, v. VALIANT PRODUCTS CORP., Defendant, AMERICAN FREIGHT SYSTEM, INC., Plaintiff, v. LUETZOW INDUSTRIES, Defendant.

United States Bankruptcy Court, D. Kansas.

August 8, 1995.

Attorney(s) appearing for the Case

Joseph M. Weiler, Alderson, Alderson & Montgomery, L.L.C., Topeka, KS.

Richard Wallace, Evans & Mullinix, Lenexa, KS.

Richard P. Bourne, Hunter & Sommers, Waukesha, WI.

Kurt Stohlgren, Hillix, Brewer, Hoffhaus, Whittaker & Wright, Kansas City, MO.

ORDER DENYING SUMMARY JUDGMENT MOTIONS

JAMES A. PUSATERI, Chief Judge.

These proceedings are before the Court on motions for summary judgment based on the small-business concern defense created by Congress in the Negotiated Rates Act of 1993. Valiant Products Corporation (Valiant), a defendant in Adversary No. 90-7289, and Luetzow Industries (Luetzow), a defendant in Adversary No. 90-7351, have filed motions based on the same legal theory and American Freight...

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