North Penn Transfer, Inc. v. Victaulic Co. of America

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

This case presents a recurring question of late, namely whether an interstate motor carrier in bankruptcy can recover undercharges based on tariff rates filed for interstate commerce transportation notwithstanding the lower rates actually collected prior to the carrier’s bankruptcy. Plaintiff North Penn Transfer, Inc. (“North Penn Transfer”), a debtor-in-possession, brought this suit against defendant Victaulie Company of America (‘Victaulie”) to recover $71,752.75 in alleged freight undercharges, plus interest and costs. Defendant filed an…