Legal Opinion
Freightcor Services, Inc., Debtor-In-Possession v. Vitro Packaging, Inc.
Court of Appeals for the Fifth Circuit
Decided August 14, 1992No. 91-1507PublishedCited by 21 opinions
1Opinion of the Court
ON PETITION FOR REHEARING *
Before GOLDBERG, JOLLY, and WIENER, Circuit Judges. E. GRADY JOLLY, Circuit Judge:
In this suit a bankrupt interstate carrier, Freightcor, Inc., seeks undercharges 1 from a shipper, Vitro Packaging, Inc. The district court rejected Vitro’s defense that, under the “filed rate doctrine,” 2 Freightcor’s tariff was void because it referred to a mileage guide in which Freight-cor did not formally participate. The court therefore granted summary judgment for Freightcor. For the reasons below, we today hold that a mileage guide is a tariff and that a tariff that refers to…
2Cases cited12 opinions
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
- Interstate Commerce Commission v. American Trucking AssociationsSupreme Court of the United States · 1984
- Davis v. Portland Seed Co.Supreme Court of the United States · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- North Penn Transfer, Inc. v. Victaulic Co. of AmericaDistrict Court, E.D. Pennsylvania · 1994
- Security Services, Inc. v. Kmart Corp.Supreme Court of the United States · 1994
- Overland Express, Inc. v. Interstate Commerce Commission, Jasper Wyman & Son, Household Goods Carriers' Bureau, Inc., the Kroger Co., IntervenorsCourt of Appeals for the D.C. Circuit · 1993
- ATLANTIS EXPRESS, INC., Appellant, v. ASSOCIATED WHOLESALE GROCERS, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1993
- Security Services, Inc. F/k/a Riss International Corporation v. K Mart CorporationCourt of Appeals for the Third Circuit · 1993
16 more not listed; retrieve them via the Exa API.