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HEWITT-ROBINS v. FREIGHT-WAYS

No. 37.

371 U.S. 84 (1962)

HEWITT-ROBINS INCORPORATED v. EASTERN FREIGHT-WAYS, INC.

Supreme Court of United States.

Decided November 19, 1962.

Attorney(s) appearing for the Case

Harry Teichner argued the cause and filed briefs for petitioner.

Wilfred R. Caron argued the cause for respondent. With him on the briefs was Milton D. Goldman.

MR. JUSTICE CLARK delivered the opinion of the Court.

This is an action by a shipper to recover from a motor carrier the difference in rate charges resulting from a practice of the latter of carrying unrouted intrastate shipments on its interstate routes at higher rates than those applicable to its available intrastate routes. The District Court for the Southern District of New York stayed the action awaiting a finding by the Interstate Commerce Commission

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