Western Electric Co. v. Burlington Truck Lines, Inc.

HEANEY, Circuit Judge.

These are consolidated appeals by the defendant motor carriers from judgments entered after trial in favor of the plaintiff shippers. The actions filed by the shippers in the District Court were maintained to enforce an Interstate Commerce Commission refund order.1

In March of 1968, the Middlewest Motor Freight Bureau, a tariff publishing agent for motor carriers in the middle-west territory, filed a schedule of rate increases with the I.C.C. These rate increases were to take effect on April 1, 1968. Although the I.C.C. did not suspend the operation of the schedule, it…