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Judge Timothy J. Mahoney (Retired)

Thomas Hoarty v. American Distribution Mgmt., Inc. (In re Best Refrigerated Express, Inc.), A91-8036, BK89-80169, Ch. 11

The court defers to Interstate Commerce Commission decision concerning "undercharges" for freight transportation by the debtor, a motor contract carrier. In addition, defendant is exempt from undercharge claims as a "small business concern" under NRA

Transpower Constructors, Inc. v. Florida Power & Light Co. (In re Transpower Constructors, Inc.), Ch. 11, BK87-2464, A88-36

On summary judgment, the court found that the contract at issue was not a requirements contract, and held that the claim was not filed late because the case had been administratively consolidated and the bar date notice didn't properly reflect that.

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