Legal Opinion

Interstate Commerce Commission v. J. B. Montgomery, Inc.

District Court, D. Colorado

Decided January 29, 1980No. Civ. A. 79-C-1393PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

The Interstate Commerce Commission (“ICC”) has filed this action seeking injunctive and restitutionary relief for alleged duplicate billing and overcharges by the defendants. This matter is now before the Court on the defendants’ motion to dismiss, which raises several purported grounds for dismissal.

I. Failure to State a Claim.

The defendants first contend that the ICC has failed to specify the acts of the defendants which are alleged to have been in violation of 49 U.S.C. § 10761(a), upon which the “Third Cause of Action” is based. 1 The…

2Cases cited6 opinions

  1. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  2. Civil Aeronautics Board v. Modern Air Transport, Inc.Court of Appeals for the Second Circuit · 1950
  3. Civil Aeronautics Board v. Aeromatic Travel Corp.Court of Appeals for the Second Circuit · 1974
  4. Interstate Commerce Commission v. B & T Transportation Co. And Bos-Taun Consolidating Co., Inc.Court of Appeals for the First Circuit · 1980
  5. Interstate Commerce Commission v. All-American, Inc.Court of Appeals for the Seventh Circuit · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Owner-Operator Independent Drivers Assoc., Inc. v. C.R. England, Inc.District Court, D. Utah · 2007
  2. State v. Jonathan Logan, Inc.Court of Appeals of Maryland · 1984
  3. Taynton Freight Systems, Inc. v. Tripar Transportation, Inc. (In Re Taynton Freight Systems, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1987
  4. Covey v. Conagra Inc.District Court, D. Colorado · 1991
  5. Interstate Commerce Commission v. Brannon Systems, Inc., an Alabama CorporationCourt of Appeals for the Fifth Circuit · 1982

4 more not listed; retrieve them via the Exa API.

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