WESTERN TRANSP. CO. v. COUZENS WAREHOUSE & DISTRIBUTORS, INC.

No. 82-1263.

695 F.2d 1033 (1982)

WESTERN TRANSPORTATION COMPANY, Plaintiff-Appellant, v. COUZENS WAREHOUSE & DISTRIBUTORS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Steven C. Weiss, Chicago, Ill., for plaintiff-appellant.

William H. Towle, Burke, Kerwin, Towle & Andrin, Chicago, Ill., for defendant-appellee.

Before BAUER, POSNER and COFFEY, Circuit Judges.


BAUER, Circuit Judge.

Plaintiff Western Transportation Company brought this action under Section 217(b) of the Interstate Commerce Act, 49 U.S.C. § 10761 (1980), claiming that pallets belonging to Defendant Couzens Warehouse & Distributors, Inc. were transported by Western across state lines and that, therefore, Couzens must pay tariff charges. Couzens moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). The district court...

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