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LOCUST CARTAGE CO. v. TRANSAMERICAN FREIGHT LINES, INC.

No. 7498.

430 F.2d 334 (1970)

LOCUST CARTAGE CO., Inc., Plaintiff, Appellant, v. TRANSAMERICAN FREIGHT LINES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 3, 1970.

Attorney(s) appearing for the Case

Arthur E. Nicholson, Boston, Mass., with whom Harold M. Linsky, Boston, Mass., and Mary E. Kelley, Medford, Mass., were on brief, for appellant.

Stephen J. Paris, Boston, Mass., with whom Alan G. Miller, Boston, Mass., was on brief, for appellee.

Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and FORD, District Judge.

COFFIN, Circuit Judge.

The Motor Carrier Act of 1935 forbids common carriers to engage in transportation without filing a tariff, 49 U.S.C. § 317(d), and obliges such carriers to charge their published rates "for transportation or for any service in connection therewith". 49 U.S.C. § 317(b). Relying on these provisions, appellant Locust Cartage Co., Inc. brought suit in a Massachusetts state court against appellee Transamerican Freight Lines, Inc., seeking...

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