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HORN'S MOTOR EXP., INC. v. HARRISBURG PAPER CO.

Civ. A. No. 1:CV-90-1031.

765 F.Supp. 211 (1991)

HORN'S MOTOR EXPRESS, INC. and Mark Services, Inc., Plaintiffs, v. HARRISBURG PAPER COMPANY, Defendant.

United States District Court, M.D. Pennsylvania.

May 28, 1991.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Robert B. Walker, John T. Siegler, Sims, Walker & Steinfeld, P.C., Washington, D.C., Dwight L. Koerber, Jr., Kriner, Koerber & Kirk, Clearfield, Pa., for plaintiffs.

Arthur R. Littleton, Charles L. Howard, Hoyle, Morris & Kerr, Philadelphia, Pa., for defendant.

MEMORANDUM

RAMBO, District Judge.

I. INTRODUCTION

Plaintiffs, Horn's Motor Express, Inc. (Horn's) and Mark Services, Inc., (collectively plaintiffs) submitted a motion for summary judgment in the captioned action on March 13, 1991. The following day defendant, Harrisburg Paper Company, filed a motion to refer this action to the Interstate Commerce Commission (ICC) and to stay the instant action pending the outcome of the ICC proceedings. Although...

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