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UNION PAC. R. CO. v. BAY AREA SHIPPERS, ETC.

No. 76-1428.

594 F.2d 1291 (1979)

UNION PACIFIC RAILROAD COMPANY, a corporation, Plaintiff-Appellee, v. BAY AREA SHIPPERS CONSOLIDATING ASSOCIATION, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 10, 1979.

Attorney(s) appearing for the Case

Marvin Handler, Raymond Greene, Handler, Baker & Greene, San Francisco, Cal., for defendant-appellant.

Jeff S. Asay, Los Angeles, Cal., for plaintiff-appellee.

Robert Burke, Asst. Gen. Counsel, Washington, D. C., for amicus curiae.

Before BROWNING and HUFSTEDLER, Circuit Judges, and BONSAL, District Judge.

PER CURIAM:

Union Pacific Railroad Company was awarded summary judgment on its claim for freight charges allegedly due on two shipments of goods by the Bay Area Shippers Consolidating Association (BASCA). We hold that the district court was correct in finding BASCA liable for the charges for failing to comply with the governing tariff, but that the reasonableness of the charges imposed by that tariff should be referred to the Interstate Commerce Commission for exercise...

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