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INTERSTATE COMMERCE COM'N v. B & T TRANSP. CO.

No. 79-1189.

613 F.2d 1182 (1980)

INTERSTATE COMMERCE COMMISSION, Plaintiff, Appellant, v. B & T TRANSPORTATION CO. and Bos-Taun Consolidating Co., Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 21, 1980.

Attorney(s) appearing for the Case

Michael Martin, Chief, Section of Litigation, Bureau of Investigations and Enforcement, Washington, D.C., with whom Peter M. Shannon, Jr., Director, Washington, D.C., and John F. Curley, Regional Counsel, Boston, Mass., were on brief, for plaintiff, appellant.

Gary R. Greenberg, Boston, Mass., with whom Carl K. King, and Goldstein & Manello, Boston, Mass., were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, DOOLING, Senior District Judge.

COFFIN, Chief Judge.

The Motor Carrier Act of 1935 forbids common carriers by motor vehicle to "charge . . . a greater or less or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariff than the rates, fares, and charges specified in the tariffs in effect at the time . . .." 49 U.S.C. § 317(b). Bos-Taun Consolidating Co., Inc., is a local consolidator, with its only place of business in...

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