Legal Opinion

Land O'Lakes, Inc. v. United-Buckingham Freight Lines, Inc.

District Court, D. Minnesota

Decided November 16, 1972No. 4-71 Civ. 221 to 4-71 Civ. 238, 4-71 Civ. 240PublishedCited by 7 opinions

1Opinion of the Court

NEVILLE, District Judge.

Nineteen lawsuits 1 against as many motor carriers have been commenced by plaintiff Land O’Lakes, Inc., seeking a refund of freight charges ordered by the Interstate Commerce Commission at various times in Increased Rates and Charges from, to and between Middle-west Territory, Doc. No. 34571 and 34971, 355 ICC 142 and 397. Each case presently is before the court on defendants’ motions to dismiss for failure to state a cause of action or in the alternative to refer the cases back to the Interstate Commerce Commission (ICC) and on plaintiff’s motion, in part a speaking…

2Cases cited12 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  3. Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star LimitedCourt of Appeals for the Second Circuit · 1955
  4. TI ME Inc. v. United StatesSupreme Court of the United States · 1959
  5. Missouri Pacific Railroad Company v. Clyde AustinCourt of Appeals for the Fifth Circuit · 1961

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3Cited by7 opinions

  1. Proctor and Gamble Co. v. Byers Transportation Co., Inc.District Court, W.D. Missouri · 1973
  2. Moss v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1975
  3. United States v. Burlington Truck Line, Inc.District Court, W.D. Missouri · 1973
  4. John E. Moss v. Civil Aeronautics Board, Northwest Airlines, Inc., American Airlines, Inc., Trans World Airlines, Inc., Continental Air Lines, Inc., Eastern Air Lines, Inc., Delta Air Lines, Inc., Keith Roberts, Allegheny Airlines, Inc., and North Central Airlines, Inc., United Airlines, Inc., Western Air Lines, Inc., Hughes Airwest, Braniff Airways,inc., and National Airlines, Inc., Intervenors. Keith Roberts v. Civil Aeronautics Board, American Airlines, Inc., Northwest Airlines, Inc., Continental Air Lines,inc., Eastern Air Lines, Inc., Delta Air Lines, Inc., Allegheny Airlines, Inc.,and North Central Airlines, Inc., United Air Lines, Inc., Hughes Airwest,frontier,trans World Airlines, Inc., National Airlines, Inc., and Braniff Airways, Inc.,intervenorsCourt of Appeals for the D.C. Circuit · 1975
  5. Land O'Lakes, Inc. v. United-Buckingham Freight Lines, Inc.District Court, D. Minnesota · 1973

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