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IN RE AMERICAN FREIGHT SYSTEM, INC.

Bankruptcy No. 88-41050-11. Adv. No. 90-7393.

191 B.R. 453 (1996)

In re AMERICAN FREIGHT SYSTEM, INC., Debtor. AMERICAN FREIGHT SYSTEM, INC., Plaintiff, v. SAGAZ INDUSTRIES, INC., Defendant.

United States Bankruptcy Court, D. Kansas.

January 17, 1996.

Attorney(s) appearing for the Case

Kurt Stohlgren, Kansas City, Missouri, for Plaintiff.

Gene A. Deleve, Kansas City, Missouri, for Defendant.

ORDER DENYING SUMMARY JUDGMENT

JULIE A. ROBINSON, Bankruptcy Judge.

Defendant Sagaz Industries, Inc. (Sagaz) filed a motion for summary judgment to which plaintiff American Freight System, Inc. (AFS) objected. In this adversary proceeding, AFS seeks to recover from Sagaz, more than $70,000 on 337 shipments of freight in 1986 and 1987. Sagaz characterizes AFS's claim as one for "undercharges." AFS calls its claim one for "undercharges" as well as ...

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