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OBSERVER TRANSP. CO. v. SERVICE MERCHANDISE CO.

No. C-C-87-196-P.

703 F.Supp. 421 (1988)

OBSERVER TRANSPORTATION COMPANY, Plaintiff, v. SERVICE MERCHANDISE COMPANY, INC., Defendant.

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

December 7, 1988.

Attorney(s) appearing for the Case

William P. Farthing, Jr., Margaret Whiteside Smith, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., for plaintiff.

Mark W. Merritt, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., for defendant.

ORDER

ROBERT D. POTTER, Chief Judge.

I. PRELIMINARY STATEMENT

THIS MATTER is before the Court on Service Merchandise Company, Inc.'s Motion for Reconsideration and Motion to Amend Interlocutory Order, both filed June 20, 1988. Service Merchandise Company, Inc. ("Service Merchandise" or "Defendant") is seeking from this Court either (1) an order granting Defendant's prior request to refer this undercharge claims case to the Interstate Commerce Commission...

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