Northeastern Pennsylvania Shippers Cooperative ass'n v. United States

OPINION

SMITH, Chief Judge

This case is before the court on defendant’s Motion to Dismiss or, in the Alternative, for Judgment on the Pleadings, and plaintiffs Motion for Partial Summary Judgment.1 Pláintiff seeks recovery in the amount of $2,694,684.98 plus interest for warehousing government freight in connection with its contract to provide transportation services to the United States. Plaintiff alleges that, as a matter of law, it is entitled to judgment based upon the rates listed in Item 41 of the Government Traffic Rules Publication (GTRP) 89-1 or, alternatively, upon a “reasonable rate”…