In Re Transcon Lines

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE TRUSTEE’S MOTION FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT

On September 21, 1992 at 9:00 a.m. in Courtroom 1345 of the Roybal Building, 255 East Temple Street, Los Angeles, California 90012, there came on for hearing pursuant to an order shortening time the Motion of Leonard L. Gumport, Chapter 7 Trustee of the bankruptcy estate of Trans-con Lines (“Trustee” and “Transcon,” respectively), for Preliminary and Permanent Injunctive Relief and Declaratory Judgment (“Trustee’s Motion”) filed herein on September 11, 1992. Attached to the Trustee’s Motion was the Declaration of Leonard L. Gumport (“Gumport Decl.”) and the Declaration of James Fox (“Fox Deck”). At that hearing, the Trustee filed with the Court a Request for Judicial Notice with respect to certain pleadings heretofore filed in this case.

On September 18, 1992 Defendant Interstate Commerce Commission (“ICC”) filed a responsive pleading titled “Notice of Motion and Motion for Partial Dismissal, Notice of Motion and Motion for. Escrow Fund Establishment and Memorandum of Points and Authorities” (“ICC Motion”). The ICC Motion presented no evidentiary…