Legal Opinion

Rushton v. Saratoga Forest Products, Inc. (In Re Americana Expressways, Inc.)

United States Bankruptcy Court, D. Utah

Decided September 12, 1994No. 19-21124PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

GLEN E. CLARK, Chief Judge.

On May 10, 1994, and July 12, 1994, the court heard two motions for summary judgment brought by the trustee. The trustee challenges the applicability of the Negotiated Rates Act of 1993 (“NRA”) as well as the constitutionality of the NRA itself. The court took the matters under advisement and now issues the following opinion.

FACTS

Americana Expressways (“Americana”) was a motor common and contract carrier operating in interstate commerce pursuant to authority issued by the Interstate Commerce Commission (“ICC”). From time to time between 1986 and…

2Cases cited18 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. Lorillard v. PonsSupreme Court of the United States · 1978
  4. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  5. Lynch v. United StatesSupreme Court of the United States · 1934

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3Cited by11 opinions

  1. In the Matter of Lifschultz Fast Freight Corporation, Debtor. Appeal of Bruce E. De Medici, Trustee for Lifschultz Fast Freight CorporationCourt of Appeals for the Seventh Circuit · 1995
  2. American Freight System, Inc. v. Interstate Commerce Commission (In Re American Freight System, Inc.)United States Bankruptcy Court, D. Kansas · 1995
  3. Jones Truck Lines, Inc. v. IXL Manufacturing Co. (In Re Jones Truck Lines, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1994
  4. Jones Truck Lines, Inc. v. Republic Tobacco, Inc.United States Bankruptcy Court, N.D. Illinois · 1995
  5. In Re Jones Truck Lines, Inc., Debtor. Jones Truck Lines, Inc. v. Whittier Wood Products Company, United States of America, Intervenor. Jones Truck Lines, Inc. v. West Kentucky Plate Glass, Inc., United States of America, Intervenor v. Jones Truck Lines, Inc. v. White Mop Wringer Company, Jones Truck Lines, Inc. v. Pitt Plastics, Inc., Jones Truck Lines, Wilbur Curtis Company, Inc., Jones Truck Lines, Inc., Kw Industries, Inc., Jones Truck Lines, Inc., Union Metal Corporation, Jones Truck Lines, Inc., Trussbilt, Inc., Jones Truck Lines, Surrey, Inc., Jones Truck Lines, Inc., United Electric Company, Jones Truck Lines, Inc., Scotts Liquid Gold, Inc., Jones Truck Lines, Inc., Service Wire Company, Jones Truck Lines, Inc., Alan Wire Company, Doing Business as Regency Wire & Cable Division, Jones Truck Lines, Inc. v. Southland Furniture, Inc., United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1995

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