IN RE ST. JOHNSBURY TRUCKING CO., INC.

Nos. 93 B 43136 (FGC), 95 Civ. 5520 (SS).

199 B.R. 84 (1996)

In re ST. JOHNSBURY TRUCKING COMPANY, INC., Debtor. ST. JOHNSBURY TRUCKING COMPANY, INC., Plaintiff, v. MEAD JOHNSON & COMPANY d/b/a Bristol-Myers U.S. Pharmaceutical and Nutritional Group d/b/a Bristol-Myers Squibb U.S. Pharmaceutical Group d/b/a Mead Johnson Nutritional Group and Bristol-Myers Squibb Company, Inc. f/k/a Bristol-Myers Company, Defendants.

United States District Court, S.D. New York.

July 22, 1996.


Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, New York City (Kenneth M. Lewis, New York City, David G. Sperry, Independence, Missouri, of counsel), for Debtor-In-Possession, Plaintiff.

Barnes & Thornburg, Washington, DC, Richard H. Streeter, Follick & Bessich, P.C., Huntington Station, New York (Marrianne Rowden, of counsel), for Defendants.

Wendy H. Schwartz, Assistant United States Attorney, United States Attorney for the Southern District of New York, New York City, for Intervenor United States of America on behalf of the Surface Transportation Board.


MEMORANDUM OPINION AND ORDER

SOTOMAYOR, District Judge.

This bankruptcy case comes before me on defendants' motion for a partial judgment on the pleadings under Fed.R.Civ.P. 12(b)(6) and 12(c). Defendants claim that the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c) ("FAAAA") preempts plaintiff's intrastate undercharge claims, and I agree. Defendant's motion is, therefore...

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