Legal Opinion
Union Pacific Railroad Company, a Corporation v. Bay Area Shippers Consolidating Association, Inc.
Court of Appeals for the Ninth Circuit
Decided April 10, 1979No. 76-1428PublishedCited by 11 opinions
1Per curiam
Union Pacific Railroad Company was awarded summary judgment on its claim for freight charges allegedly due on two shipments of goods by the Bay Area Shippers Consolidating Association (BASCA). We hold that the district court was correct in finding BASCA liable for the charges for failing to comply with the governing tariff, but that the reasonableness of the charges imposed by that tariff should be referred to the Interstate Commerce Commission for exercise of its primary jurisdiction.
I
The facts are stipulated. In December 1971, BASCA sent two “battery shipments” of goods from Chicago to the…
2Cases cited6 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Penn Central Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1971
- United States v. Missouri-Kansas-Texas R. Co.Court of Appeals for the Fifth Circuit · 1952
- Chicago and North Western Railway Company v. Hunt-Wesson Foods, Inc.Court of Appeals for the Seventh Circuit · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Western Transportation Company v. Wilson and Company, Inc. And Wilson Foods CorporationCourt of Appeals for the Seventh Circuit · 1982
- Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990
- Milne Truck Lines, Inc. v. Makita U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1992
- Farley Transportation Co. v. Santa Fe Trail Transportation Co.Court of Appeals for the Ninth Circuit · 1985
- United States v. United States Steel CorporationCourt of Appeals for the Eighth Circuit · 1981
6 more not listed; retrieve them via the Exa API.