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MOTOR CARRIER AUDIT & COLL. v. FAMILY DOLLAR STORES

No. C-C-86-415-P.

670 F.Supp. 644 (1987)

MOTOR CARRIER AUDIT & COLLECTION CO., Plaintiff, v. FAMILY DOLLAR STORES, INC., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

September 14, 1987.

Attorney(s) appearing for the Case

Lawrence A. Winkle, Winkle & Wells, Dallas, Tex., Robert Walker, Sims, Walker & Steinfeld, Washington, D.C., for plaintiff.

Patricia Hummel Seifert, Gardere & Wynne, Dallas, Tex., William P. Farthing, Jr., Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., for defendant.

MEMORANDUM AND ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Defendant's, Family Dollar Stores, Inc. ("Family Dollar"), Motion to stay the present suit and to refer it to the Interstate Commerce Commission ("ICC"). For the reasons stated below, Defendant's Motion will be granted.

BACKGROUND FACTS

Sometime before April 1983, a sales representative and regional manager for RTC Transportation, Inc. ("RTC") approached...

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