Miller v. Ideal Cement Co.

KERR, District Judge.

In this action the carrier seeks to recover undercharges in the amount of |39,728.00 plus interest and costs, allegedly due from the shipper because the cairier failed to charge and collect the tariff under which the shipments were made. This court has original jurisdiction of this proceeding arising under the Acts of Congress regulating commerce, namely, 49 U.S.C. §§ 316, 317 and 304(a). Title 28 U.S.C. § 1337; Bernstein Bros. Pipe and Machinery Co. v. Denver R. G. W. R. Co., 10 Cir., 193 F.2d 441 (1951).

Each party has moved for summary judgment relying on affidavits and…