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BOWSER AND CAMPBELL v. KNOX GLASS, INC.

No. 16599.

390 F.2d 193 (1968)

BOWSER AND CAMPBELL, a Partnership, and Lloyd H. Bowser and Stella Campbell, doing business as Bowser and Campbell, a Partnership, Appellants, v. KNOX GLASS, INC., a corporation.

United States Court of Appeals Third Circuit.

Decided February 5, 1968.

Attorney(s) appearing for the Case

Michael J. Pugliese, Pittsburgh, Pa., for appellants.

Thomas W. Pomeroy, Jr., Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa. (Judd N. Poffinberger, Jr., J. Richard Lauver, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, FREEDMAN, and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This appeal presents the question whether a contract carrier may collect from its shipper the difference between its schedule of rates filed with the Interstate Commerce Commission and the lower rates it actually charged under its arrangement with the shipper which were inadvertently omitted from the schedule. The district court held that the carrier was barred from...

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