Lewis v. Helios Container Systems, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff David E. Lewis, bankruptcy trustee for Edson Express, Inc., brings this suit to recover amounts Edson allegedly undercharged defendant Helios Container Systems, Inc. Presently before the court is defendant’s motion to stay these proceedings and refer the case to the Interstate Commerce Commission (ICC) for a determination of the reasonableness of the rate Edson seeks to collect. For the reasons set forth below, we grant Helios’ motion for a referral of this case to the ICC. This action is dismissed with leave to reinstate pending a…