Couzens Warehouse & Distributors, Inc., Counter-Defendant-Appellee v. Fred Olson Motor Service Co., Counter-Plaintiff-Appellant

WOLLENBERG, Senior District Judge.

At issue here is the proper rate to be charged by a common carrier under the applicable tariffs for shipments by a company that acted as a freight forwarder in interstate commerce without the proper authority.

At the time this controversy arose, Fred Olson Motor Service (hereinafter, “Olson”) was a common carrier by motor vehicle operating in interstate commerce pursuant to certificates of public convenience and necessity issued by the Interstate Commerce Commission. It maintained tariffs governing the terms and conditions of its transportation service from…