Overnite Transportation Company v. Chicago Industrial Tire Company

SPRECHER, Circuit Judge.

This is an appeal from the dismissal of an action for lack of federal subject matter jurisdiction under 28 U.S.C. § 1337(a) (Supp.1981).

I

On April 16, 1979, Hubs and Wheels, Inc. of Saltville, Virginia (shipper), delivered a shipment of forty wheels to Overnite Transportation Co., a common carrier of goods by motor vehicle (carrier), consigned to Chicago Industrial Tire Co. of Chicago, Illinois (consignee). The bill of lading dated April 27, 1979, indicated “C.O.D. Shipment,” with a C.O.D. amount of $2,210 and a collection fee of $33.72, or a total charge of $2,243.72.

At…