Legal Opinion

Samuel P. Mandell Co. v. Pennsylvania Railroad

District Court, E.D. Pennsylvania

Decided December 6, 1971No. Civ. A. No. 23771Published

1Opinion of the Court

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

In this suit under § 16(2) of the Interstate Commerce Act, 49 U.S.C. § 1 et seq. (Act), Plaintiff, Samuel Mandell Co. (Mandell), a shipper of produce, seeks to compel the payment of a reparations award by the Interstate Commerce Commission (ICC) against defendant rail carriers (Carriers) arising out of an alleged overcharge. Trial was had before the Court on a written stipulation of facts. The case involves the interpretation of certain railroad tariffs affecting goods shipped from central California to Philadelphia,…

2Cases cited9 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. W. P. Brown & Sons Lumber Co. v. Louisville & Nashville RailroadSupreme Court of the United States · 1937
  3. Thompson v. United StatesSupreme Court of the United States · 1952
  4. United States v. Missouri-Kansas-Texas R. Co.Court of Appeals for the Fifth Circuit · 1952
  5. National Van Lines, Inc. v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1966

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