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GARRETT v. TIME-D.C., INC.

No. 72-3042.

502 F.2d 627 (1974)

Paul M. GARRETT, Trustee in Bankruptcy for Metropolitan Shippers' Clearings Corp. of Washington, Appellant, v. TIME-D.C., INC., Appellee.

United States Court of Appeals, Ninth Circuit.

August 14, 1974.

Attorney(s) appearing for the Case

Nicholas F. Corning, Bellevue, Wash., for appellant.

Boyd Hartman (argued), of Hartman & McGuire, Seattle, Wash., for appellee.

Before KILKENNY, TRASK and CHOY, Circuit Judges.

OPINION

CHOY, Circuit Judge:

This appeal presents the issue whether a claim that a motor carrier must pay pre-judgment interest on shipping charges that exceed Interstate Commerce Act limits is one "arising under an Act of Congress regulating commerce" so as to be within the jurisdiction of a federal district court under 28 U.S.C. § 1337.1 The district court held it was not. We reverse and remand.

Paul M. Garrett...

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