Legal Opinion
Hoarty v. Bennett Transportation, Inc. (In Re Best Refrigerated Express, Inc.)
United States Bankruptcy Court, D. Nebraska
Decided June 1, 1994No. 10-42368PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
This adversary proceeding was commenced by the Chapter 11 Trustee to recover alleged freight undercharges by the debtor, Best Refrigerated Express, Inc., to the Defendant, Bennett Transportation, Inc. Bennett Transportation, Inc. filed a Motion for Summary Judgment, asserting that it was not liable for any alleged undercharge by the debtor since Bennett Transportation is a small business concern under the Negotiated Rates Act of 1993 (“NRA”). See 49 U.S.C. § 10701 (1993). I conclude that the Motion for Summary Judgment should be granted because…
2Cases cited2 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Kegel v. RunnelsCourt of Appeals for the Eighth Circuit · 1986
3Cited by6 opinions
- American Freight System, Inc. v. Interstate Commerce Commission (In Re American Freight System, Inc.)United States Bankruptcy Court, D. Kansas · 1995
- North Penn Transfer, Inc. v. Polykote Corp.District Court, E.D. Pennsylvania · 1994
- Scroggins v. Southern Wipers, Inc. (In Re Brown Transport Truckload, Inc.)United States Bankruptcy Court, N.D. Georgia · 1994
- Gold v. A.J. Hollander Co. (In Re Maislin Industries, U.S., Inc.)United States Bankruptcy Court, E.D. Michigan · 1995
- Batesville Truck Line, Inc. v. Langston Companies, Inc. (In Re Batesville Truck Line, Inc.)District Court, E.D. Arkansas · 1994
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