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COVEY v. CONAGRA, INC.

Civ. A. 89-K-1927.

788 F.Supp. 1160 (1992)

Charles COVEY, Trustee for the bankruptcy estate of Unzicker Trucking, Inc., Plaintiff, v. CONAGRA, INC., Defendant.

United States District Court, D. Colorado.

April 7, 1992.

Attorney(s) appearing for the Case

David S. Oppenheimn, Englewood, Colo., Paul O. Taylor, Bloomington, Minn., for plaintiff.

Terence M. Ridley, Otten, Johnson, et al., Denver, Colo., Peter A. Greene, Thompson, Hine & Flory, Washington, D.C., for defendant.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND MOTION FOR REFERRAL TO ICC

KANE, Senior District Judge.

This is a rate undercharge action pursuant to the Interstate Commerce Act (ICA). See 49 U.S.C. § 10761(a). The plaintiff, Charles Covey, trustee for the bankruptcy estate of Unzicker Trucking, Inc., seeks from defendant ConAgra, Inc., a shipper, the difference between the negotiated rate ConAgra actually paid and the tariff rate Unzicker filed with...

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