Legal Opinion
United States v. Auto Driveaway Company, a Corporation
Court of Appeals for the Seventh Circuit
Decided July 25, 1972No. 71-1237PublishedCited by 5 opinions
1Opinion of the Court
KILEY, Circuit Judge.
This is a mandamus action brought by the government under 49 U.S.C. § 20(9) 1 to restrain respondent-appellant (Company) from limiting in its tariff its liability for damages as a common carrier under 49 U.S.C. § 20(11). 2 The district court decided that both the original and modified tariffs violated § 20(11) and 49 U.S.C. § 316(d), but that because the Company informed the court that in the future it would not violate § 20(11) the court was “unwilling” to grant the mandamus writ. 3 The Company has appealed. We reverse.
The Company, a Pennsylvania corporation with its…
2Cases cited4 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- National Garment Co. v. New York, C. & St. LR Co.Court of Appeals for the Eighth Circuit · 1949
- China Fire Ins. Co. v. DavisCourt of Appeals for the Second Circuit · 1931
- Hartford Fire Insurance v. PayneSupreme Court of Iowa · 1923
3Cited by5 opinions
- United States Aviation Underwriters, Inc. v. Yellow Freight System, Inc.District Court, S.D. Alabama · 2003
- Mohl v. NTC of America, Inc.District Court, D. Colorado · 1982
- Travelers Indemnity Co. v. Auto Driveaway Co.Court of Appeals of Wisconsin · 1979
- Amica Mutual Insurance v. Auto Driveaway Co.Court of Appeals of Arizona · 1992
- Ann & Hope, Inc. v. Taylor & Taylor TruckingSupreme Court of Rhode Island · 1991