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FRY TRUCKING CO. v. SHENANDOAH QUARRY, INC.

Nos. 79-1668, 79-1761.

628 F.2d 1360 (1980)

FRY TRUCKING COMPANY, Appellant, v. SHENANDOAH QUARRY, INC. FRY TRUCKING COMPANY v. SHENANDOAH QUARRY, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1980.

Attorney(s) appearing for the Case

Daniel B. Johnson, Washington, D. C., with whom James Anton, Washington, D. C., and Gary E. Thompson were on brief, for appellant in No. 79-1668 and appellee in No. 79-1761.

Paul M. Rhodes, Washington, D. C., for appellee in No. 79-1668 and cross-appellant in No. 79-1761.

Before McGOWAN and WILKEY, Circuit Judges, and RONALD N. DAVIES, United States Senior District Judge for the District of North Dakota.

Opinion for the court filed by Senior District Judge RONALD N. DAVIES.

RONALD N. DAVIES, Senior District Judge:

This appeal stems from the attempt of a common carrier by motor vehicle operating under a certificate of convenience and necessity issued by the Interstate Commerce Commission (ICC) to recover sums allegedly due for transportation charges which were billed and paid for at less than published tariff rates.

Section 217(b) of the Interstate...

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