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LIFSCHULTZ FAST FREIGHT, IN C. v. RAINBOW SHOPS, INC.

No. 91 Civ. 2456 (MBM).

784 F.Supp. 89 (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.

February 11, 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, Rainbow Shops, Inc., moves for an order referring certain issues to the Interstate Commerce Commission ("ICC") and to stay this case pending the ICC's resolution of those issues. For the reasons set forth below, the motion is denied.

I

Plaintiff, Lifschultz Fast Freight, Inc., is a motor common carrier operating in interstate commerce pursuant...

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