Orscheln Bros. Truck Lines, Inc. v. Ferguson Manufacturing, Inc.

GAITAN, Judge.

Orscheln Brothers Truck Lines, Ihc., appeals from an order granting Ferguson Manufacturing, Inc.’s motion for summary judgment in an action brought by the carri*527er’s bankruptcy trustee for collection of tariff undercharges. We reverse.

Appellant Orscheln Brothers Truck Lines, Inc., (“Orscheln”), a Missouri corporation and common carrier, engaged in the transportation of property in interstate commerce pursuant to the authority of the Interstate Commerce Commission (“ICC”). Between January, 1981, and August, 1983, Ferguson Manufacturing, Inc., (“Ferguson”) a Missouri corporation…