MATTER OF STEVE D. THOMPSON TRUCKING, INC.

Nos. 92-4160, 92-4201.

989 F.2d 1424 (1993)

In the Matter of STEVE D. THOMPSON TRUCKING, INC., Debtor. (Two Cases). Billy R. VINING, Trustee, Appellee, v. ROCK WOOL MANUFACTURING COMPANY, Appellant. Billy R. VINING, Trustee, Appellee, v. MAKITA, U.S.A., INC., Appellant.

United States Court of Appeals, Fifth Circuit.

May 7, 1993.


Attorney(s) appearing for the Case

Covert J. Geary, Raymond J. Salassi, Jr., Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, LA, for appellant in No. 92-4160.

Mark E. Gilliam, Wilkinson, Carmody, Gilliam & Hussey, Shreveport, LA, George C. Pezold, Augello, Pezold & Hirschmann, Huntington, NY, for appellant in No. 92-4201.

Richard A. Bailly, Stephen J. Katz, Rankin, Yeldell, Herring & Katz, Bastrop, LA, for appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

These two cases were styled differently and scheduled for oral argument consecutively. Although we did not hear oral argument in Vining v. Rock Wool, No. 92-4160, we have consolidated these two cases and dispose of them together in the following opinion.

Rock Wool appeals from a summary judgment entered by the district court for freight undercharges. The district court denied Rock Wool the opportunity to assert the...

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