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WALSKY CONST. CO. v. SEA-LAND SERV., INC.

No. 3392.

577 P.2d 241 (1978)

WALSKY CONSTRUCTION CO., Appellant, v. SEA-LAND SERVICES, INC., Appellee.

Supreme Court of Alaska.

April 21, 1978.

Attorney(s) appearing for the Case

Mark A. Sandberg, Merdes, Schaible, Staley & DeLisio, Inc., Anchorage, for appellant.

Paul W. Koval, Graham & James, Anchorage, for appellee.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices.

OPINION

MATTHEWS, Justice.

The major question presented by this appeal is whether a common carrier regulated under the Interstate Commerce Act may be liable to a shipper for misrepresentation of its freight rates. We hold, in accordance with controlling federal precedent, that the common carrier is exempt from such liability.

I

Taking, as we must, where summary judgment is granted, the facts most favorable to the losing party,

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