Ferguson v. Mohasco Corp. (In re R.W. Joyce Trucking Co.)

MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

The plaintiff in this adversary proceeding is the Trustee for R.W. Joyce Trucking Company, Inc. (“Joyce”), which, prior to its bankruptcy, was a motor common and contract carrier regulated by the Interstate Commerce Commission. The defendants, Mohas-co Corporation and Mohawk Carpet, are former customers of Joyce for whom Joyce hauled freight while Joyce was engaged in business. Plaintiff seeks to recover $88,-987.38, the amount which Plaintiff alleges Joyce undercharged Defendants, based upon the applicable tariff rates which were…