Legal Opinion
Brizendine ex rel. Bankruptcy Estate of Brown Transport Truckload, Inc. v. Mainstreet Retail Stores, Inc.
District Court, E.D. Wisconsin
Decided February 12, 1993No. Nos. 91-C-1160, 92-C-0031Published
1Opinion of the Court
DECISION AND ORDER
WARREN, Senior District Judge.
Before the Court is the plaintiffs motion to strike the defendant’s affirmative defenses and counterclaims.1
*677I. BACKGROUND
This action is but one of the multitudes of “rates cases” filed by bankruptcy trustees in the wake of the financial demise of trucking companies. The Interstate Commerce Act, codified in Title 49 U.S.C. § 10101, et seq., imposes a sort of strict liability upon shippers that have failed to pay the carriers’ full rates published in the Act. Under these regulations, a shipper is generally liable for underpayments regardless of…
2Cases cited9 opinions
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- United States v. 416.81 Acres of Land, Etc., and Mercantile National Bank of Indiana, as TrusteeCourt of Appeals for the Seventh Circuit · 1975
- Western Transportation Company v. Wilson and Company, Inc. And Wilson Foods CorporationCourt of Appeals for the Seventh Circuit · 1982
- James R. Madler v. L. Robert Artoe, Doing Business as Lee Artoe Carbon CompanyCourt of Appeals for the Seventh Circuit · 1974
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