Legal Opinion

Consolidated Rail Corporation, Cross-Appellant in No. 86-1732 v. Certainteed Corporation, in No. 86-1715

Court of Appeals for the Third Circuit

Decided January 6, 1988No. 86-1715 & 86-1732PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

A railroad brought this action against a shipper for payment of undercharges. The district court determined that the defendant’s product was substantially similar to that of another shipper and, consequently, the tariff that the ICC designated for the latter’s product should apply to the defendant’s as well. As a result, the district court entered judgment in favor of plaintiff railroad and against defendant shipper for substantial undercharges. We will affirm that judgment. The district court, how ever, declined to award prejudgment interest. We will…

2Cases cited11 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Rodgers v. United StatesSupreme Court of the United States · 1947
  4. Thomas v. Duralite Co.Court of Appeals for the Third Circuit · 1975
  5. Locust Cartage Co., Inc. v. Transamerican Freight Lines, Inc.Court of Appeals for the First Circuit · 1970

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3Cited by15 opinions

  1. William A. Graham Co. v. HaugheyCourt of Appeals for the Third Circuit · 2011
  2. Delta Traffic Service, Inc., and Oneida Motor Freight, Inc. v. Appco Paper & Plastics CorporationCourt of Appeals for the Second Circuit · 1991
  3. Milne Truck Lines, Inc. v. Makita U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1992
  4. Coliseum Cartage Co. v. Rubbermaid Statesville, Inc.Court of Appeals for the Fourth Circuit · 1992
  5. Enriqueta Fontan-De-Maldonado v. Lineas Aereas Costarricenses, S.A.Court of Appeals for the First Circuit · 1991

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