Legal Opinion

Yoder v. Elicon A. Microdot Co. (In re Suburban Motor Freight, Inc.)

United States Bankruptcy Court, S.D. Ohio

Decided August 7, 1989No. Bankruptcy No. 2-87-00822; Adv. Nos. 2-89-0013, 2-89-0061 and 2-89-0076PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

R. GUY COLE, Jr., Bankruptcy Judge.

I. Preliminary Statement

Several common legal issues have been raised in the above-captioned adversary proceedings by the parties’ filing of the following motions: (1) defendants’ Motion[s] for Transfer and Reference of Issues to the Interstate Commerce Commission (“ICC”) and For Stay of Adversary Proceeding[s] (collectively, the “Referral Motion”); and (2) plaintiffs’ motions to dismiss defendants’ counterclaims (collectively, the “Dismissal Motion”). Jurisdiction is vested in the Court pursuant to 28 U.S.C. § 1334(b) and the General Order…

2Cases cited19 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  3. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  4. Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982
  5. Caravan Refrigerated Cargo, Inc. v. YaquintoCourt of Appeals for the Fifth Circuit · 1989

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3Cited by1 opinion

  1. Advance-United Expressways, Inc. v. Beeler Distributing Co.District Court, W.D. Oklahoma · 1990

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