Legal Opinion

Paul M. Garrett, Trustee in Bankruptcy for Metropolitan Shippers' Clearings Corp. Of Washington v. time-d.c., Inc.

Court of Appeals for the Ninth Circuit

Decided August 14, 1974No. 72-3042PublishedCited by 35 opinions

1Opinion of the Court

OPINION

CHOY, Circuit Judge:

This appeal presents the issue whether a claim that a motor carrier must pay pre-judgment interest on shipping charges that exceed Interstate Commerce Act limits is one “arising under an Act of Congress regulating commerce” so as to be within the jurisdiction of a federal district court under 28 U.S.C. § 1337. 1 The district court held it was not. We reverse and remand.

Paul M. Garrett, the trustee for the bankrupt Metropolitan Shippers’ Clearings Corporation (MSCC), seeks a declaratory judgment that interest must be paid on shipping overcharges. The overcharges…

2Cases cited20 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
  4. Illinois v. City of MilwaukeeSupreme Court of the United States · 1972
  5. Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921

15 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hunter v. United Van LinesCourt of Appeals for the Ninth Circuit · 1984
  2. Marguerite Dolch v. United California Bank, a Corporation and Catherine D. McAndrewCourt of Appeals for the Ninth Circuit · 1983
  3. Hofmayer v. Dean Witter & Co., Inc.District Court, N.D. California · 1978
  4. Wong v. BaconDistrict Court, N.D. California · 1977
  5. Guinasso v. Pacific First Federal Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1981

30 more not listed; retrieve them via the Exa API.

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