Legal Opinion
Milne Truck Lines, Inc. v. Makita U.S.A., Inc.
Court of Appeals for the Ninth Circuit
Decided July 7, 1992No. 91-55059PublishedCited by 15 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
The primary question presented by this case is whether in a suit brought by a motor common carrier under the Interstate Commerce Act for recovery of its filed rate the defendant shipper may plead unreasonableness of the filed rate as a defense. We conclude that the filed rate doctrine, as set forth in Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. 116, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990), does not bar such a defense, but that because the reasonableness of a motor common carrier filed rate falls within the primary jurisdiction of the Interstate…
2Cases cited27 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- 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
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
22 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- North Penn Transfer, Inc. v. Victaulic Co. of AmericaDistrict Court, E.D. Pennsylvania · 1994
- DeBruce Grain, Inc. v. Union Pacific RailroadDistrict Court, W.D. Missouri · 1997
- Gumport v. Interstate Commerce Commission (In Re Transcon Lines)United States Bankruptcy Court, C.D. California · 1992
- Brizendine Ex Rel. Bankruptcy Estate of Brown Transport Truckload, Inc. v. Southern Wipers, Inc. (In Re Brown Transport Truckload, Inc.)United States Bankruptcy Court, N.D. Georgia · 1992
- De'Medici v. Flygt Corp. (In Re Lifschultz Fast Freight Corp.)United States Bankruptcy Court, N.D. Illinois · 1993
10 more not listed; retrieve them via the Exa API.