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CONSOLIDATED FREIGHTWAYS CORP. OF DEL. v. ADMIRAL CORP.

No. 18340.

442 F.2d 56 (1971)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Plaintiff-Appellant, v. ADMIRAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 14, 1971.

Attorney(s) appearing for the Case

Francis James Higgins, Edward H. Hickey, John P. Scotellaro, Chicago, Ill., for plaintiff-appellant; Bell, Boyd, Lloyd, Haddad & Burns, Chicago, Ill., of counsel.

George W. Hamman, Robert F. Finke, Chicago, Ill., for defendant-appellee; Mayer, Brown & Platt, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, and CUMMINGS and STEVENS, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff, an interstate motor carrier, sued Admiral Corporation to recover for freight charges. According to the complaint, Admiral was the consignee of goods transported by plaintiff. It was alleged that under Part II of the Interstate Commerce Act (49 U.S.C. § 301 et seq.) Admiral owed plaintiff almost $93,000 for services for the period January 21, 1966, through April 30, 1966.

In its answer, Admiral averred that William A...

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