Baker v. Prolerized Chicago Corporation

MEMORANDUM OPINION

WILL, District Judge.

The trustees of the bankrupt Penn Central Transportation Company (hereinafter “Penn Central”) bring this action seeking to recover charges for alleged interior switching or intraplant switching performed by the railroad at defendant Prolerized’s request at Prolerized’s plant in Chicago between February 7, 1970, and August 18, 1970. Penn Central, being a common carrier railroad subject to the provisions of the Interstate Commerce Act, 49 U.S.C. § 1 et seq., seeks to recover on the basis of its Freight Tariff 40105, issued December 4, 1968, effective…