Allen Ex Rel. Bankruptcy Estate of TSC Express Co. v. ITM, Ltd. South

MEMORANDUM OPINION

SHARP, United States Magistrate Judge.

This case is before the court on the motion of Defendant ITM, Ltd. South (“ITM”) for summary judgment. 1 On November 23, 1993, this court ordered the action stayed pending resolution by the Interstate Commerce Commission (“ICC”) of the reasonableness of TSC Express Company’s (“TSC”) filed shipping rates. 2 Shortly after this court stayed the litigation, on December 3, 1993, President Clinton signed into law the Negotiated Rates Act of 1993, Pub.L. No. 103-180, 107 Stat. 2044 (1993) (“Rates Act”), which ITM claims entitles it to summary…