John W. HARGRAVE, Trustee in Bankruptcy for Circle C Trucking, Plaintiff-Appellant, v. FREIGHT DISTRIBUTION SERVICE, INC., Defendant-Appellee

BEEZER, Circuit Judge:

We consider two questions. First, we examine whether in a suit brought on behalf of a bankrupt common carrier for recovery Of the carrier’s filed rate, the district court must refer the issue of the reasonableness of the filed rate to the Interstate Commerce Commission for an initial determination. Although we have addressed this question before, we revisit it in light of the Supreme Court’s decision in Reiter v. Cooper, — U.S. -, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993). Second, we address contract of carriage questions.

The district court granted summary judgment for…