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IN RE J.H. WARE TRUCKING, INC.

Bankruptcy No. 91-43310-399, Adv. No. 93-4325.

159 B.R. 527 (1993)

In re J.H. WARE TRUCKING, INC., Debtor. The PLAN COMMITTEE, Through Wendi S. ALPER, Distribution Agent, on Behalf of J.H. WARE TRUCKING, INC., Plaintiff, v. KIMBERLY CLARK CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Missouri, E.D.

September 22, 1993.

Attorney(s) appearing for the Case

Paul H. Lamboley, Newman & Holtzinger, P.C., Washington, DC, for defendant.

Thomas M. Pavelko, Chesterfield, MO, for plaintiff.

Norman W. Pressman, St. Louis, MO, for debtor.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Chief Judge.

INTRODUCTION

This is a freight undercharge case. The instant opinion addresses only the issue of whether this Court should decide if J.H. Ware, Trucking, Inc. transported shipments for Kimberly Clark Corporation as a contract carrier or whether the doctrine of primary jurisdiction dictates referral of this issue to the Interstate Commerce Commission.

JURISDICTION...

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