Delta Traffic Service, Inc. v. Transtop, Incorporated

BREYER, Chief Judge.

Assume that a federally regulated motor carrier files, with the Interstate Commerce Commission, a tariff that contains a rate of, say, $10 per ton. Assume further that the carrier tells a shipper that its rate is only $8 per ton, and it falsely adds that it has recently filed a new tariff containing the $8 rate. The carrier charges $8, the shipper pays it, and later, perhaps years later, the carrier sues the shipper for an additional $2; the shipper responds (1) that the $10 rate is unreasonably high and (2) regardless, the carrier’s attempt to collect it, under the…