Legal Opinion
Feldspar Trucking Co. v. Greater Atlanta Shippers Ass'n
District Court, N.D. Georgia
Decided September 29, 1987No. C87-575APublishedCited by 12 opinions
1Opinion of the Court
ORDER
RICHARD C. FREEMAN, District Judge.
This action is before the court on defendant’s motion to stay the action and for referral to the Interstate Commerce Commission (ICC). 1 Plaintiff opposes the motion.
Plaintiff, in its complaint, seeks to recover undercharges in the amount of $51,-493.01 from defendant. Plaintiff alleges that an audit has shown that defendant did not pay the applicable tariff rate that plaintiff filed with the ICC. Pursuant to 49 U.S.C. § 10741(a), plaintiff seeks to compel defendant to pay the higher tariff rate. Defendant alleges that plaintiff, in quoting and billing…
2Cases cited5 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Square D Co. v. Niagara Frontier Tariff Bureau, Inc.Supreme Court of the United States · 1986
- Mercury Motor Express, Inc. v. Norman C. BrinkeCourt of Appeals for the Fifth Circuit · 1973
3Cited by12 opinions
- Feldspar Trucking Co., Inc. v. Greater Atlanta Shippers Association, Inc.Court of Appeals for the Eleventh Circuit · 1988
- Railway Labor Executives' Association v. Interstate Commerce Commission, and Daniel R. Murray, InterveningCourt of Appeals for the Seventh Circuit · 1990
- Miller v. Armour & Co. (In Re Total Transportation, Inc.)District Court, D. Minnesota · 1988
- Oneida Motor Freight, Inc. v. Ormond Shops, Inc.District Court, D. New Jersey · 1991
- Advance-United Expressways, Inc. v. C.R. Bard, Inc.District Court, N.D. Georgia · 1990
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