Breman's Express Co. v. Mitchell Milling Co. (In Re Breman's Express Co.)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

This Court is cognizant of the substantial appellate precedent creating and setting in concrete the “filed rate doctrine”. This Court is also aware of its duty to comply with the directives and precedent tendered by courts having superior status. However, the recent overhaul of the Interstate Commerce Act demonstrates that deregulation was and is the Congressional mandate. Congress decided to sanction the flexibility of deregulation and to supplant the rigidity of regulation. The spirit of the overhaul revolves around a freedom of the…