Montgomery Ward and Company v. Roy Stone Transfer Corporation

SOBELOFF, Chief Judge.

The issue presented by this appeal is whether in this case the Interstate Commerce Commission, rather than the District Court, has primary jurisdiction to determine the meaning of a disputed tariff.

Over a period of time the Roy Stone Transfer Corporation carried furniture shipped from points in Virginia to Montgomery Ward stores in the South. For these shipments, the Transfer company charged the rate prescribed in a tariff designated as 13280. Montgomery Ward contends that the charge should properly have been made under a lower tariff designated as 13220. It claims a…