Western Transportation Company, Debtor in Possession v. Webster City Iron & Metal Co., Inc.

PECK, Senior Circuit Judge.

This case presents two issues for review. First, whether a shipper of scrap metal, Webster City Iron & Metal Co., Inc., was entitled to ship at the tariff rate provided by ICC MWB 201-B, Item 4540, even though Webster failed to endorse pertinent bills of lading with the notation required by Item 578(1) of Tariff ICC MWB 125-D, a prerequisite for application of Item 4540. Second, in the event that Webster was not entitled to the tariff provided by MWB 201 — B, thus making a higher tariff applicable, whether the carrier, Western Transportation Co., may raise for the…