Legal Opinion
Delta Traffic Service, Inc., and Oneida Motor Freight, Inc. v. Appco Paper & Plastics Corporation
Court of Appeals for the Second Circuit
Decided January 4, 1990No. 1268, Docket 88-9057PublishedCited by 16 opinions
1Opinion of the Court
ALTIMARI, Circuit Judge:
In this case, we consider the “filed rate doctrine,” which requires a motor carrier to collect the rate published in a tariff filed with the Interstate Commerce Commission (“ICC”), and we examine the court’s role in an action to collect undercharges to the filed rate. Defendant-appellant Appco Paper and Plasties Corporation (“Appco”) appeals from a judgment of the United States District Court for the Eastern District of New York (Sifton, Judge) which denied its motion to stay the court proceedings and refer the matter to the ICC, and granted plaintiffs-appellees Delta…
2Cases cited11 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- County of Suffolk v. Long Island Lighting Co.Court of Appeals for the Second Circuit · 1990
- Atlantis Express, Inc. v. Standard Transportation Services, Inc.Court of Appeals for the Eighth Circuit · 1992
- Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990
- Advance United Expressways, Inc. v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1992
11 more not listed; retrieve them via the Exa API.