Legal Opinion
Allen v. National Enquirer, Inc. (In re TSC Express Co.)
United States Bankruptcy Court, N.D. Georgia
Decided August 14, 1995No. Bankruptcy No. 91-69474; Ad. No. 93-6290Published
1Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR STAY OF PROCEEDINGS
JAMES E. MASSEY, Bankruptcy Judge.
Following deregulation of the trucking industry, common carriers bowed to intense competition and negotiated rates with customers far below those on file with the Interstate Commerce Commission (“ICC”).1 Not a few carriers rode negotiated rates to ruin. TSC Express Co. appears to be one of them.
The wide-spread practice of negotiating rates violated the “filed rate” doctrine, which holds that carriers in interstate commerce must collect, and their…
2Cases cited15 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Munn v. IllinoisSupreme Court of the United States · 1877
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Permian Basin Area Rate CasesSupreme Court of the United States · 1968
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