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CONTAINER CORP. OF AM. v. ADMIRAL MERCHANTS M. FRGT., INC.

No. 72-1646.

489 F.2d 825 (1973)

CONTAINER CORPORATION OF AMERICA and Montgomery Ward & Co., Incorporated, Plaintiffs-Appellants, v. ADMIRAL MERCHANTS MOTOR FREIGHT, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1973.

Certiorari Denied March 18, 1974.

Attorney(s) appearing for the Case

Christopher J. Michas, Mark C. Curran, Chicago, Ill., for plaintiffs-appellants.

Donald B. Levine, Chicago, Ill., Alvin J. Meiklejohn, Jr., Arthur R. Hauver, Denver, Colo., for defendants-appellees.

Before CUMMINGS and STEVENS, Circuit Judges, and CAMPBELL, Senior District Judge.

Certiorari Denied March 18, 1974. See 94 S.Ct. 1581.

STEVENS, Circuit Judge.

This is an action in which two shippers seek to recover refunds for overcharges on shipments moving after May 20, 1968, and before September 1, 1969, from several motor carriers. The district court thought the action barred by the one-year limitations provision of § 16(3)(f) of the Interstate Commerce Act, 49 U.S.C. § 16(3)(f). We do not agree.

Plaintiffs' claims...

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