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IN RE APEX EXP. CORP.

No. 98-2204.

190 F.3d 624 (1999)

In re APEX EXPRESS CORPORATION; Humboldt Express, Incorporated, Debtors. Humboldt Express, Incorporated, Plaintiff-Appellee, v. The Wise Company, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 22, 1999.

Attorney(s) appearing for the Case

ARGUED: Raymond Andrew Selvaggio, Sr., Augello, Pezold & Hirschmann, P.C., Huntington, New York, for Appellant. Joseph L. Steinfeld, Jr., A.S.K. Financial, Washington, D.C., for Appellee. ON BRIEF: George Carl Pezold, Augello, Pezold & Hirschmann, P.C., Huntington, New York; Howard M. Widis, Charlotte, North Carolina, for Appellant. John T. Siegler, Joseph A. Hess, A.S.K. Financial, Washington, D.C.; A.S.K. Financial, Eagan, Minnesota, for Appellee.

Before MURNAGHAN, LUTTIG, and KING, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

MURNAGHAN, Circuit Judge:

Plaintiff Humboldt Express, Inc. ("Humboldt"), a freight trucking corporation in bankruptcy, seeks to recover amounts allegedly owed by Defendant The Wise Co., Inc. ("Wise"), as penalties for late payment of freight charges. This case is one of hundreds of similar...

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