Freightcor Services, Inc. v. Kuhlman Corporation Electrical Group/distribution Transformer Division

SUHRHEINRICH, Circuit Judge.

Freighteor Services, Inc. (“Freightcor”), pursuant to 49 U.S.C. § 10761(a), filed suit against Kuhlman Corporation (“Kuhlman”) to recover “undercharges” for interstate transportation services. The district court stayed its proceedings and referred the case to the Interstate Commerce Commission (“ICC”) for determination of whether Freightcor had valid tariffs on file at the time it contracted with Kuhlman and whether those rates were “reasonable.” Following the ICC’s ruling that Freightcor had no valid rates on file, Kuhlman moved for summary judgment in the…