Legal Opinion

Nyad Motor Freight, Inc. v. WT Grant Company

District Court, S.D. New York

Decided November 17, 1972No. 68 Civ. 1674PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BAUMAN, District Judge.

Plaintiff NYAD MOTOR FREIGHT, INC. (NYAD) seeks recovery of the sum of $130,958,57 in alleged undercharges and rebates in the assessment of motor freight charges for services it rendered defendant W. T. GRANT COMPANY 1 (GRANT). GRANT does not deny that NYAD performed the services alleged, but claims that it did not perform them within the scope of the authority granted to it by the Interstate Commerce Commission (ICC).

GRANT contends that NYAD performed pursuant to an oral agreement unauthorized by the ICC and further, that GRANT paid NYAD the full amount due when…

2Cases cited2 opinions

  1. Bowser & Campbell v. Knox Glass, Inc.Court of Appeals for the Third Circuit · 1968
  2. Mars Express, Inc. v. David Masnik, IncorporatedCourt of Appeals for the Second Circuit · 1968

3Cited by4 opinions

  1. Siegel Transfer, Inc. v. Carrier Express, Inc.District Court, E.D. Pennsylvania · 1994
  2. Nyad Motor Freight, Inc. v. W. T. Grant CompanyCourt of Appeals for the Second Circuit · 1973
  3. Reo Distribution Services, Inc. v. Fisher Controls International, Inc.District Court, W.D. Virginia · 1995
  4. United States v. Seatrain Lines, Inc.District Court, S.D. New York · 1973

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