Legal Opinion
Chesapeake & Ohio Railway Co. v. United States Steel Corp.
Court of Appeals for the Third Circuit
Decided June 20, 1989No. Nos. 88-3775, 88-3776, 88-3803 and 88-3804PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this suit for the refund of freight payments, the district court decided that the shipper’s claims fell within the statutory definition of “overcharges,” and that the appropriate statute of limitations had not expired. We agree and will affirm the judgments in favor of the shipper. The district court further held that, in balancing the equities, prejudgment interest would be allowed only for a very limited period of time. We conclude that in these circumstances an award of prejudgment interest is not discretionary, but is mandated. As to this portion…
2Cases cited23 opinions
- William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Arkadelphia Milling Co. v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1919
- Arkadelphia Co. v. St. Louis SW Ry. Co.Supreme Court of the United States · 1919
- Interstate Commerce Commission v. American Trucking AssociationsSupreme Court of the United States · 1984
- Louisiana & Arkansas Railway Company v. Export Drum Company, Inc.Court of Appeals for the Fifth Circuit · 1966
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