Legal Opinion
Nyad Motor Freight, Inc. v. W. T. Grant Company
Court of Appeals for the Second Circuit
Decided October 31, 1973No. 37, Docket 73-1454PublishedCited by 8 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
Nyad Motor Freight, Inc. served as a contract motor carrier for W. T. Grant Company from 1960 through 1967, under a permit issued by the Interstate Commerce Commission. In this action Nyad seeks recovery of $130,958.27 which it allegedly failed to charge Grant under its filed contracts and tariffs, and this failure, it claims, violated the Interstate Commerce Act. Nyad admits that the price reductions'were agreed to by the parties, and does not contend that they were objectively unfair. Strict liability is sought to be imposed under the Act solely on the…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- T. I. McCormack Trucking Co. v. United StatesDistrict Court, D. New Jersey · 1966
- Bowser & Campbell v. Knox Glass, Inc.Court of Appeals for the Third Circuit · 1968
- Mars Express, Inc. v. David Masnik, IncorporatedCourt of Appeals for the Second Circuit · 1968
- Nyad Motor Freight, Inc. v. WT Grant CompanyDistrict Court, S.D. New York · 1972
3Cited by8 opinions
- Delta Traffic Service, Inc., and Oneida Motor Freight, Inc. v. Appco Paper & Plastics CorporationCourt of Appeals for the Second Circuit · 1990
- Siegel v. Converters Transportation, Inc.Court of Appeals for the Second Circuit · 1983
- Fry Trucking Company v. Shenandoah Quarry, Inc. Fry Trucking Company v. Shenandoah Quarry, Inc.Court of Appeals for the D.C. Circuit · 1980
- Delta Traffic Service, Inc. v. Georgia-Pacific Corp.District Court, D. Connecticut · 1987
- Reo Distribution Services, Inc. v. Fisher Controls International, Inc.District Court, W.D. Virginia · 1995
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