Jetco, Inc. v. United States

OPINION

LYDON, Judge:

This transportation case comes before the court on plaintiff’s motion for summary judgment and defendant’s cross-motion for summary judgment. This case presents the question of whether the actual intended rate charged the government for transportation services by a common carrier, which was established under a “section 22” tender, must give way to a higher, unintended rate under the “filed rate doctrine.” Both parties assert there are no genuine issues of material fact in dispute and that summary judgment is appropriate in this case. For the reasons stated below, after…