Brizendine v. Reliable Corp.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

The trustee in bankruptcy for three trucking companies has sued a shipper, The Reliable Corporation (Reliable), for freight undercharges, contending that Reliable paid less than the filed rates on numerous shipments. The amount involved is less than $17,000. The trustee now moves for summary judgment. Defendant has filed a cross-motion for summary judgment or, in the alternative, for referral to the Interstate Commerce Commission (I.C.C.). It contends that the carrier acted as a contract, not a common, carrier, and that the shipper is therefore exempt…