Legal Opinion
EF Operating Corp. v. American Buildings
Court of Appeals for the Third Circuit
Decided May 10, 1993No. 92-1598PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
The primary issue on appeal is whether under the Interstate Commerce Act, 49 U.S.C. § 10101 et seq., consignees must pay *1048a common motor carrier for shipment of goods received even though the consignees had paid the shipper-consignor for the freight charges and the carrier delivered the goods under a bill of lading marked “prepaid.” The district court concluded that under these circumstances the carrier was precluded from collecting freight charges from the consignees. We will affirm.
I
EF Operating Corporation is a common motor carrier which has its…
2Cases cited33 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Colautti v. FranklinSupreme Court of the United States · 1979
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
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3Cited by16 opinions
- Leonard C. McNemar v. The Disney Store, Inc.Court of Appeals for the Third Circuit · 1996
- David Mathias v. Superintendent Frackville SCICourt of Appeals for the Third Circuit · 2017
- Bowers v. National Collegiate Athletic Ass'nCourt of Appeals for the Third Circuit · 2003
- Charles Doll v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Seventh Circuit · 1996
- Michael Bowers v. The National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act Inc University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party University of Massachusetts Amherst and Delaware State University, in 02-3236 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. The National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party the University of Memphis, in No. 01-4226 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party University of Iowa, in No. 01-4492 Kathleen Bowers, Administratrix Ad Prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of Its Member Schools A/K/A Ncaa the Ncaa Initial-Eligibility Clearinghouse Cedric W. Dempsey, Executive Director of the Ncaa, in His Individual and Official Capacities Calvin Symons, Managing Director of the Ncaa Student-Eligibility Clearinghouse, in His Individual and Official Capacities Temple University of the Commonwealth System of Higher Education Act, Inc. University of Iowa American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/third-Party v. Delaware State University the University of Memphis University of Massachusetts Amherst, Third-Party the University of Massachusetts, in No. 02-1789Court of Appeals for the Third Circuit · 2003
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