Aluminum Co. of America v. Burlington Truck Lines, Inc.

MEMORANDUM OPINION

WILL, District Judge.

The plaintiff in these actions is suing the various defendant motor carriers for refund of freight charges pursuant to orders of the Interstate Commerce Commission. The plaintiff presently moves for summary judgments and, in each of these cases but one, the defendants move to dismiss the actions, or in the alternative, move for summary judgments in their favor based upon the same grounds by which they oppose the plaintiff’s motions for summary judgment. 1

The plaintiff has previously brought suit against three other motor carriers based upon the same…