Still v. Salem Carpet Mills, Inc. (In re Southwest Equipment Rental, Inc.)

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

The defendant, Salem Carpet Mills, has filed a motion to refer this proceeding to. the Interstate Commerce Commission (the ICC).

The plaintiff is the trustee in bankruptcy of Southwest Motor Freight. Before its bankruptcy, Southwest hauled cargo for Salem. The trustee’s complaint alleges that Southwest charged and Salem paid a lower shipping rate than the applicable rate on file with the ICC. The trustee seeks to recover from Salem the undercharge — the difference between what Salem paid at the rate charged by Southwest and the amount it would have paid…