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COUZENS WHSE. & DIST., INC. v. FRED OLSON MOTOR SERV.

No. 76-1337.

544 F.2d 919 (1976)

COUZENS WAREHOUSE & DISTRIBUTORS, INC., Counter-defendant-Appellee, v. FRED OLSON MOTOR SERVICE CO., Counter-plaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 1976.

Attorney(s) appearing for the Case

Daniel C. Sullivan, Chicago, Ill., for appellant.

William H. Towle, Chicago, Ill., for appellee.

Before FAIRCHILD and PELL, Circuit Judges, and WOLLENBERG, Senior District Judge.

WOLLENBERG, Senior District Judge.

At issue here is the proper rate to be charged by a common carrier under the applicable tariffs for shipments by a company that acted as a freight forwarder in interstate commerce without the proper authority.

At the time this controversy arose, Fred Olson Motor Service (hereinafter, "Olson") was a common carrier by motor vehicle operating in interstate commerce pursuant to certificates of public convenience and

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