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LIFSCHULTZ FAST FREIGHT v. RAINBOW SHOPS

No. 91 Civ. 2456 (MBM).

805 F.Supp. 1119 (1992)

LIFSCHULTZ FAST FREIGHT, INC., Plaintiff, v. RAINBOW SHOPS, INC., d/b/a Rainbow USA, Inc., Defendant.

United States District Court, S.D. New York.

November 10, 1992.

Attorney(s) appearing for the Case

James P. Anelli, Lindsey H. Taylor, Friedman Siegelbaum, New York City, for plaintiff.

Larsh B. Mewhinney, New York City, William J. Augello, Augello, Pezold & Hirschmann, P.C., Huntington, N.Y., for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant has moved for reargument of this Court's February 11, 1992 Opinion and Order (the "February opinion"), 784 F.Supp. 89 (S.D.N.Y.1992) declining to refer defendant's unreasonable rate defense to the Interstate Commerce Commission and to stay this action pending the outcome of that reference. The basis for the motion, filed more than five months after the decision in...

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