Legal Opinion

American Freight System, Inc. v. Interstate Commerce Commission (In Re American Freight System, Inc.)

United States Bankruptcy Court, D. Kansas

Decided April 25, 1995No. 19-20153PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JULIE A. ROBINSON, Bankruptcy Judge.

This matter comes before the Court pursuant to the motions to dismiss filed by defendants Interstate Commerce Commission (“ICC”), United States of America (“USA”) and Interplastic Company (“Interplastic”), seeking dismissal of the instant adversary action filed by debtor American Freight System, Inc. (“AFS”). Levi, Strauss & Company has filed an amicus curiae brief in support of the motions to dismiss.

JURISDICTION

The Court has jurisdiction over this proceeding. 28 U.S.C. § 1334. This is a core proceeding. 28 U.S.C. § 157(b)(2)(A)…

2Cases cited40 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976

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3Cited by13 opinions

  1. Integrated Solutions, Inc. v. Service Support Specialties, Inc.Court of Appeals for the Third Circuit · 1997
  2. In Re Federal-Mogul Global Inc.Court of Appeals for the Third Circuit · 2012
  3. In Re Jones Truck Lines, Inc., Debtor. Jones Truck Lines, Inc. v. Whittier Wood Products Company, United States of America, Intervenor. Jones Truck Lines, Inc. v. West Kentucky Plate Glass, Inc., United States of America, Intervenor v. Jones Truck Lines, Inc. v. White Mop Wringer Company, Jones Truck Lines, Inc. v. Pitt Plastics, Inc., Jones Truck Lines, Wilbur Curtis Company, Inc., Jones Truck Lines, Inc., Kw Industries, Inc., Jones Truck Lines, Inc., Union Metal Corporation, Jones Truck Lines, Inc., Trussbilt, Inc., Jones Truck Lines, Surrey, Inc., Jones Truck Lines, Inc., United Electric Company, Jones Truck Lines, Inc., Scotts Liquid Gold, Inc., Jones Truck Lines, Inc., Service Wire Company, Jones Truck Lines, Inc., Alan Wire Company, Doing Business as Regency Wire & Cable Division, Jones Truck Lines, Inc. v. Southland Furniture, Inc., United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1995
  4. Burtch v. Ganz (In Re Mushroom Transportation Co.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
  5. Foxworth Gailbraith Lumber Co. v. Manelos (In Re Manelos)United States Bankruptcy Court, D. New Mexico · 2006

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