In the Matter of Steve D. Thompson Trucking, Inc., Debtor. Billy R. Vining, Trustee v. Rock Wool Manufacturing Company

ON PETITION FOR REHEARING

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:

Petitioner, Rock Wool Manufacturing Company (“Rock Wool”), moves for a rehearing on the ground that there still exists a genuine issue of material fact regarding the applicability of a discount tariff. We have previously reversed the summary judgment against petitioner on procedural grounds; however, the lower court’s calculation of undercharges was left intact. The underlying l'ates used to determine the amount of undercharges form the basis of Rock Wool’s petition. The lower…