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IN RE B.C.B. DISPATCH, INC.

Bankruptcy Nos. 93-10993 K, 94-11127 K, Adv. Nos. 96-1059 K, 95-1293 K.

201 B.R. 629 (1996)

In re B.C.B. DISPATCH, INC., Debtor. John H. RING III, Trustee of the Debtor's Estate of B.C.B. Dispatch, Inc., Plaintiff, v. WEGMANS FOOD MARKETS, INC., Defendant. In re DAWSON TRANSPORT, INC., Debtor. William E. LAWSON, Trustee of the Debtor's Estate of Dawson Transport, Inc., Plaintiff, v. TRY-IT DISTRIBUTING CO., INC., Defendant.

United States Bankruptcy Court, W.D. New York.

October 2, 1996.

Attorney(s) appearing for the Case

John H. Ring III, Cheektowaga, NY, Trustee for B.C.B. Dispatch, Inc.

Raymond A. Selvaggio, George Carl Pezold, Augello, Pezold & Hirschmann, P.C., Huntington, NY, for Wegmans Food Markets, Inc.

William E. Lawson, Buffalo, NY, Trustee for Dawson Transport, Inc.

Bridget M. Faso, Inc., Giardino & Schober, LLP, Buffalo, NY, for Try-It Distributing Co., Inc.

MICHAEL J. KAPLAN, Chief Judge.

These two otherwise unrelated adversary proceedings present an identical legal question, and have been consolidated here only for purposes of this decision. The Court today holds that undercharge claims on intrastate shipments that occurred before Congressional nullification of state regulations of that field, did not survive.

In the Chapter 7 case of B.C.B. Dispatch, this matter comes before the Court on Defendant's Motion...

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