Arctic Express, Inc. v. Del Monte Fresh Produce NA, Inc.

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

Pending before this Court is an appeal of a decision and judgment by the United States Bankruptcy Court for the Southern District of Ohio, dated April 18, 2006 and May 30, 2006, respectively, in a dispute between Plaintiff-Appellee Arctic Express, Inc, (“Arctic”) a carrier of goods, and De-fendanb-Appellant Del Monte Fresh Produce NA, Inc., (“Del Monte”) a shipper of goods. In its decision and judgment the Bankruptcy Court: (1) granted Arctic’s Motion for Summary Judgment; (2) denied Del Monte’s Motion for Summary Judgement; and…