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IN RE AMERICAN FREIGHT SYSTEM, INC.

Bankruptcy Nos. 88-41050-11, 88-41051-11, 88-41170-11, 88-41188-11. Adversary No. 98-7080.

236 B.R. 47 (1999)

In re AMERICAN FREIGHT SYSTEM, INC., U.S.A. Western, Inc., Smith's Transfer Corp., Sioux Falls Service Center, Inc., Debtors. American Freight System, Inc., Plaintiff, v. Blymyer Engineers, Inc., Defendant.

United States Bankruptcy Court, D. Kansas, Topeka Division.

July 9, 1999.

ORDER DENYING MOTION TO DISMISS

JAMES A. PUSATERI, Chief Judge.

This proceeding is before the Court on the defendant's motion to dismiss. The defendant appears by counsel Earl L. Hagström, Sedgwick, Detert, Moran & Arnold, San Francisco, California, and Martin W. Bauer and Kathryn Gardner, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, Kansas. The plaintiff appears by counsel Dennis...

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