Legal Opinion
Jennings v. Tamaqua Cable Products Corp. (In Re Roberts Carrier Corp.)
United States Bankruptcy Court, M.D. Tennessee
Decided August 13, 1993No. Bankruptcy No. 390-10391, Adv. No. 392-0475APublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether the “contract carrier” and “rate reasonableness” issues in these carrier undercharge adversary proceedings should be referred to the Interstate Commerce Commission under the doctrine of primary jurisdiction. Referral of the contract carrier and rate reasonableness issues is denied. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.
I
The debtor in this Chapter 7 case was a commercial carrier. This adversary proceeding consolidates several lawsuits by the Chapter 7 trustee against shippers…
2Cases cited35 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Reiter v. CooperSupreme Court of the United States · 1993
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
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3Cited by5 opinions
- Lewis v. Helios Container Systems, Inc.District Court, N.D. Illinois · 1993
- North Penn Transfer, Inc. v. Maple Press Co.District Court, M.D. Pennsylvania · 1995
- Plan Committee ex rel. Alper v. Kimberly Clark Corp. (In re J.H. Ware Trucking, Inc.)District Court, E.D. Missouri · 1993
- Sunbelt Freight, Inc. v. Advanced Precision Fabricators, Inc. (In re Sunbelt Freight, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 1994
- Jennings v. Tamaqua Cable Products Corp. (In re Roberts Carrier Corp.)District Court, M.D. Tennessee · 1994