Legal Opinion

Whitaker v. Younkers, Inc. (In re Olympia Holding Corp.)

United States Bankruptcy Court, M.D. Florida

Decided June 15, 1992No. Bankruptcy Nos. 90-4195-BKC-3P7, 90-4223-BKC-3P7; Adv. No. 91-448PublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding came to be heard upon the Motion of Defendant for Referral to the Interstate Commerce Commission. A hearing was held on December 13, 1991. Upon the evidence presented, the Court makes the following Findings of Fact and Conclusions of Law:

*478 Findings of Fact

Debtor was both a motor common and motor contract carrier operating in interstate commerce pursuant, to the authority of the Interstate Commerce Commission (“ICC”).

Debtor filed tariffs with the ICC which provided for a Class 70 exception rate…

2Cases cited21 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  4. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  5. Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1932

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3Cited by1 opinion

  1. Brizendine v. Beatrice/Hunt-Wesson, Inc. (In Re Brown Transport Truckload, Inc.)United States Bankruptcy Court, N.D. Georgia · 1992

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