Legal Opinion
Porto Transport, Inc. v. Consolidated Diesel Electric Corp.
District Court, S.D. New York
Decided November 25, 1960Published
1Opinion of the Court
FRIENDLY, Circuit Judge.
This is an action by Porto Transport, Inc., a common carrier by motor truck engaged in interstate commerce, to recover from the defendants amounts allegedly owing as additional freight for the transportation of certain articles claimed to have been erroneously classified in violation of Part II of the Interstate Commerce Act, §§ 216, 217, 49 U.S. C.A. §§ 316, 317. Plaintiff moved for referral of the issue of proper classification to the Interstate Commerce Commission. Although plaintiff now argues, as do both defendants, that the proper classification should be…
2Cases cited6 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- W. P. Brown & Sons Lumber Co. v. Louisville & Nashville RailroadSupreme Court of the United States · 1937
- Pennsylvania R. v. Fox & London, Inc.Court of Appeals for the Second Circuit · 1938
- National Carloading Corp. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1945
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