Bethlehem Steel Co. v. Consolidated Rail Corp.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

The Revised Interstate Commerce Act of 1978, 49 U.S.C. § 10101 et seq., provides that a common carrier engaged in interstate commerce becomes liable to a person for charged amounts exceeding the applicable rate for transportation or services contained in a tariff. 49 U.S.C. § 11705(b)(1). To recover overcharges, an action must be instituted within three years after the claim “accrues”, 49 U.S.C. § 11706(b), which occurs “upon delivery” by the carrier. 49 U.S.C. § 11706(g). In the case at bar, plaintiff, which never exercised its transit privileges,…