Legal Opinion

Mars Express, Inc. v. David Masnik, Incorporated

Court of Appeals for the Second Circuit

Decided October 3, 1968No. 32155_1PublishedCited by 9 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This is an action brought by a trucking company to recover undercharges for the transportation of 290 truckloads of liquor from Peekskill, New York to Bridgeport, Connecticut, where the defendant operated a wholesale liquor business. Plaintiff’s claim is based on section 217(b) of the Interstate Commerce Act, which provides in pertinent part:

No common carrier by motor vehicle shall charge or demand or collect or receive a greater or less or different compensation for transportation * * between the points enumerated in such tariff than the rates, fares, and…

2Cases cited6 opinions

  1. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  2. McLean Trucking Co. v. United StatesSupreme Court of the United States · 1944
  3. United States v. DrumSupreme Court of the United States · 1962
  4. Bowser & Campbell v. Knox Glass, Inc.Court of Appeals for the Third Circuit · 1968
  5. Shirks Motor Express Corp. v. Forster Transfer & Rigging Co.Court of Appeals of Maryland · 1957

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dan Barclay, Inc. v. Stewart & Stevenson Services, Inc.District Court, D. Massachusetts · 1991
  2. Fry Trucking Company v. Shenandoah Quarry, Inc. Fry Trucking Company v. Shenandoah Quarry, Inc.Court of Appeals for the D.C. Circuit · 1980
  3. St. Louis Southwestern Railway Co. v. Garvey Elevators, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Nyad Motor Freight, Inc. v. W. T. Grant CompanyCourt of Appeals for the Second Circuit · 1973
  5. City of El Paso v. Autobuses Internacionales S. De R. L.District Court, W.D. Texas · 1980

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API