City Messenger Service of Hollywood, Inc., Dba City Messenger Air Express And/or C.M.A.X. v. Capitol Records Distributing Corp.

This is an appeal from an order of dismissal by the District Court. The facts are sufficiently set forth in the opinion of District Judge Timothy Hogan, 327 F.Supp. 970, S.D.Ohio, 1971. The parties will be described as in the District Court.

Briefly, the facts are as follows: The plaintiff is an “air carrier” within the meaning of Title 49 U.S.C. § 1301(3), and as such was required to charge the freight rate “specified in its currently effective tariffs.” 49 U.S.C. § 1373(b). More than 3700 shipments were made during the period involved, which began in February, 1955 and ended in January,…