Campbell Sixty Six Express, Inc. v. H.A. Cole Products Co. (In Re Campbell Sixty Six Express, Inc.)

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS

KAREN M. SEE, Bankruptcy Judge.

Pending is the complaint of plaintiffs, debtor Campbell Sixty Six Express, Inc. and Delta Traffic Services, Inc., seeking damages from defendant H.A. Cole Products Co. for failure to pay freight charges owed to Campbell for services rendered. Defendant has filed a motion for summary judgment. All parties have agreed there are no material facts in dispute and that plaintiffs’ response to the motion for summary judgment shall be treated as a cross-motion for summary judgment.

Two issues are presented: 1) whether…