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DUFFY v. BMC INDUSTRIES, INC.

No. 1517, Docket 91-7133.

938 F.2d 353 (1991)

James G. DUFFY, Trustee for Canny Trucking Co., Inc., Plaintiff-Appellant, v. BMC INDUSTRIES, INC., doing business as Buckbee Mears Cortland Co., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Washington, D.C. (Robert B. Walker, John T. Siegler, Sims, Walker & Steinfeld, Washington, D.C., on the brief), for plaintiff-appellant.

Robert J. Tracey, New York City (William C. Sippel, Oppenheimer Wolff & Donnelly, New York City, on the brief), for defendant-appellee.

Before FEINBERG, NEWMAN and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

James G. Duffy, bankruptcy trustee for Canny Trucking Co., Inc. ("Canny"), brings this interlocutory appeal to challenge the November 16, 1990, order of the District Court for the Northern District of New York (Howard G. Munson, Judge) staying a suit by Canny against BMC Industries, Inc. for motor freight undercharges. The order also refers the action to the Interstate Commerce Commission for a determination of the reasonableness of Canny...

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