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NYAD MOTOR FREIGHT, INC. v. W. T. GRANT COMPANY

No. 37, Docket 73-1454.

486 F.2d 1112 (1973)

NYAD MOTOR FREIGHT, INC., Plaintiff-Appellant, v. W. T. GRANT COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 31, 1973.

Attorney(s) appearing for the Case

William Biederman, New York City (Alvin Borden, New York City, of counsel), for plaintiff-appellant.

Frank H. Gordon, New York City (James N. Blair and Rogers, Hoge & Hills, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, and LUMBARD and TIMBERS, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Nyad Motor Freight, Inc. served as a contract motor carrier for W. T. Grant Company from 1960 through 1967, under a permit issued by the Interstate Commerce Commission. In this action Nyad seeks recovery of $130,958.27 which it allegedly failed to charge Grant under its filed contracts and tariffs, and this failure, it claims, violated the Interstate Commerce Act. Nyad admits that the price reductions were agreed to by the parties,...

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