Legal Opinion

Orr v. Interstate Commerce Commission

Court of Appeals for the Sixth Circuit

Decided August 22, 1990No. Nos. 89-5108, 89-5110PublishedCited by 1 opinion

1Opinion of the Court

RYAN, Circuit Judge.

Plaintiffs Highway Express, Inc. and James Orr appeal two orders of the district court: 1) a 1988 order affirming the Interstate Commerce Commission (“ICC”) determination and granting partial summary judgment on the interstate claims, and 2) a 1989 order granting summary judgment on the intrastate claims.

The issues we address are:

1. Whether the district court erred in affirming and adopting the ICC’s decision that Highway Express’ attempt to retroactively collect higher rates than those negotiated and paid by Sewell constituted an unreasonable practice under 49 U.S.C. §…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  3. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  4. Caravan Refrigerated Cargo, Inc. v. YaquintoCourt of Appeals for the Fifth Circuit · 1989
  5. Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990

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3Cited by1 opinion

  1. Orr v. Interstate Commerce CommissionCourt of Appeals for the Sixth Circuit · 1990

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