MOHASCO INDUSTRIES, INC. v. ACME FAST FREIGHT, INC.

No. 73-2383.

491 F.2d 1082 (1974)

MOHASCO INDUSTRIES, INC., et al., Plaintiffs-Appellants, v. ACME FAST FREIGHT, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 1, 1974.


Attorney(s) appearing for the Case

Richard W. Dortch, Jackson, Miss., Richard J. Hardy, Thomas A. Phemister, Washington, D.C., Michael P. Regan, Amsterdam, N. Y., for plaintiffs-appellants.

Bryce Rea, Jr., Patrick McEligot, Washington, D.C., Junior O'Mara, Jackson, Miss., for all defendants-appellees except Acme Fast Freight.

Samuel Weiner, New York City, for Acme Fast Freight, Inc.

Before COLEMAN, CLARK and GEE, Circuit Judges.


COLEMAN, Circuit Judge:

Plaintiffs-appellants, Mohasco Industries, Inc., and its subsidiaries, Chromcraft Corporation, Futorian Corporation, and Monarch Furniture Corporation, sued the defendants-appellees,1 motor freight carriers, for restitution of excess freight charges collected between January 16, 1968 and December 18, 1970. Upon motion, the complaint was dismissed for failure to state a...

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