SCOPE IMPORTS, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 12, 1982.
Rehearing Denied November 26, 1982.
Attorney(s) appearing for the Case
Roger B. Greenberg, Mark S. Finkelstein, Houston, Tex., for petitioner.
Linda J. Joachim, Richard J. Osterman, Jr., I.C.C., Washington, D.C., Kenneth Kolson, John J. Powers, III, U.S. Dept. of Justice, Washington, D.C., for respondents.
Leland E. Butler, San Francisco, Cal., Michael B. Hughes, Galveston, Tex., Frederick G. Pfrommer, San Francisco, Cal., for Atchison, Topeka and Santa Fe Ry. Co.
Before RUBIN and JOHNSON, Circuit Judges, and DUPLANTIER, District Judge:
United States Court of Appeals, Fifth Circuit.
ALVIN B. RUBIN, Circuit Judge:
A tariff for ocean and rail movement of containers provides that demurrage1 begins five days after the "consignee is advised" that the containers are "available for customs inspection." The consignee of a number of containers shipped to Houston, Texas, contends that the Interstate Commerce Commission (ICC or Commission) erred in finding that it received adequate notice. The consignee also claims that, because...
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