Legal Opinion

Container Corporation of America and Montgomery Ward & Co., Incorporated v. Admiral Merchants Motor Freight, Inc.

Court of Appeals for the Seventh Circuit

Decided March 18, 1974No. 72-1646PublishedCited by 9 opinions

1Opinion of the Court

STEVENS, Circuit Judge.

This is an action in which two shippers seek to recover refunds for overcharges on shipments moving after May 20, 1968, and befoi’e September. 1, 1969, from several motor carriers. The district court thought the action barred by the one-year limitations provision of § 16(3) (f) of the Interstate Commerce Act, 49 U.S.C. § 16(3)(f). We do not agree.

Plaintiffs’ claims are authorized by § 16(2) of the Interstate Commerce Act, 49 U.S.C. § 16(2), 1 as construed by this court in Aluminum Company of America v. Admiral Merchants Motor Freight, Inc., 486 F.2d 717 (1973). Only a…

2Cases cited7 opinions

  1. Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
  2. Woods v. StoneSupreme Court of the United States · 1948
  3. Aluminum Company of America v. Admiral Merchants Motor Freight, Inc.Court of Appeals for the Seventh Circuit · 1973
  4. Admiral-Merchants Motor Freight, Inc. v. United StatesDistrict Court, D. Colorado · 1971
  5. J. L. Simmons Co. v. Local 742Supreme Court of the United States · 1971

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

3Cited by9 opinions

  1. Appleton Electric Company v. Graves Truck Line, Inc.Court of Appeals for the Seventh Circuit · 1980
  2. Appleton Electric Company v. Advance-United ExpresswaysCourt of Appeals for the Seventh Circuit · 1974
  3. Carothers v. Western Transportation Co.Court of Appeals for the Seventh Circuit · 1977
  4. Aluminum Ass'n v. Atchison, Topeka & Santa Fe Railway Co.District Court, District of Columbia · 1990
  5. Carothers v. Western Transportation Co.District Court, S.D. Illinois · 1976

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

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