Legal Opinion
F.P. Corp. v. Golden West Foods, Inc.
District Court, W.D. Virginia
Decided July 28, 1992No. Civ. A. 91-0040-LPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
KISER, District Judge.
This is an action by a motor carrier, F.P. Corp. (“FP”), against a shipper, Golden West Foods, Inc. (“Golden West”), to recover the difference between FP’s tariff rate and a negotiated rate between the parties, commonly known as an undercharge action. Golden West has moved to stay this case and refer it to the Interstate Commerce Commission (“ICC”). Because this case does not involve issues requiring the ICC’s expertise, I will deny the motion. Regarding the merits, as I find that FP did not have a valid tariff on file at the time it made shipments for…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Interstate Commerce Commission v. J-T Transport Co.Supreme Court of the United States · 1961
- J.D. Miller v. Federal Deposit Insurance CorporationCourt of Appeals for the Fourth Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- E.W. Wylie Corp. v. Menard, Inc.North Dakota Supreme Court · 1994
- F.P. Corp. v. Ken Way Transportation, Inc.District Court, E.D. Pennsylvania · 1994
- Jones Truck Lines, Inc. v. Iversen Baking Co.District Court, W.D. Arkansas · 1993
- Jones Truck Lines, Inc. v. WD40 Co.District Court, W.D. Arkansas · 1994
- Transrisk Corp. v. Goodyear Tire & RubberDistrict Court, D. Maryland · 1992