Legal Opinion
Southern Pacific Company v. Brown, Alcantar & Brown, Inc.
Court of Appeals for the Fifth Circuit
Decided April 15, 1969No. 25580PublishedCited by 12 opinions
1Opinion of the Court
DYER, Circuit Judge:
We granted South Pacific leave to file a second petition for rehearing in this case because, for the first time, it extrapolated a definition of the term “diversion or reconsignment” in a freight tariff, which authorizes a reconsignment after the shipment reaches a destination, 1 and called our attention to the significant fact that Southern Pacific applied a through rate from the initial point to that of final delivery, rather than the regular rate from El Paso to destinations as provided for in the tariff. 2
It is axiomatic that filed tariffs have the force of law.…
2Cases cited3 opinions
- Compania Anonima Venezolana De Navegacion (Venezuelan Line) v. A. J. Perez Export Company, Etc., and Tyler Refrigeration CorporationCourt of Appeals for the Fifth Circuit · 1962
- Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
- Northwestern Pacific Railroad Company v. Burchwell Company, Inc.Court of Appeals for the Fifth Circuit · 1965
3Cited by12 opinions
- American Telephone & Telegraph Co. v. New York City Human Resources AdministrationDistrict Court, S.D. New York · 1993
- Illinois Central Gulf Railroad Company v. Golden Triangle Wholesale Gas CompanyCourt of Appeals for the Fifth Circuit · 1978
- The St. Paul Insurance Co. Of Illinois, as Subrogee of First Wisconsin Corp. v. Venezuelan International Airways, Inc., A/K/A Viasa AirlinesCourt of Appeals for the First Circuit · 1987
- Bella Boutique Corp. v. VENEZOLANA INTERN. DE AVIACIONDistrict Court of Appeal of Florida · 1984
- Evans Products Co. v. Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1984
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