Observer Transportation Co. v. Service Merchandise Co.

ORDER

ROBERT D. POTTER, Chief Judge.

I. PRELIMINARY STATEMENT

THIS MATTER is before the Court on Service Merchandise Company, Inc.’s Motion for Reconsideration and Motion to Amend Interlocutory Order, both filed June 20, 1988. Service Merchandise Company, Inc. (“Service Merchandise” or “Defendant”) is seeking from this Court either (1) an order granting Defendant’s prior request to refer this undercharge claims case to the Interstate Commerce Commission (“ICC”), which this Court previously denied, Observer Transp. Co. v. Service Merchandise Co., Inc., 685 F.Supp. 120 (W.D.N.C.1988) (Potter, Ch.…