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MARS EXPRESS, INC. v. DAVID MASNIK, INCORPORATED

No. 3, Docket 32155.

401 F.2d 891 (1968)

MARS EXPRESS, INC., Appellant, v. DAVID MASNIK, INCORPORATED, Appellee.

United States Court of Appeals Second Circuit.

Decided October 3, 1968.

Attorney(s) appearing for the Case

Thomas W. Murrett, Hartford, Conn. (Glenn E. Knierim and Joseloff, Murrett & Knierim, Hartford, Conn., on the brief), for appellant.

Francis J. Ortman, Washington, D. C. (David L. Citronberg and Zwecker, Balter & Citronberg, Bridgeport, Conn., Raysor, Ortman, Barbour, Welch & Bell, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

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...

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