Rebel Motor Freight, Inc. v. Interstate Commerce Commission and Diamond-Bathurst, Inc.

MILBURN, Circuit Judge.

Plaintiff-appellant Rebel Motor Freight, Inc. (“Rebel”) appeals the summary judgment granted by the district court to defendant Diamond-Bathurst, Inc., affirming the Interstate Commerce Commission (“ICC”) and dismissing Rebel’s petition for review. On appeal, the sole issue is whether plaintiff Rebel’s tariff publication practices, found to be unreasonable by the ICC, can abrogate the plain language of its published tariff which requires a higher tariff than was collected from defendant Diamond-Bathurst, Inc., thereby preventing Rebel from collecting alleged…