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WESTERN TRANSP. CO. v. WILSON AND CO., INC.

No. 82-1053.

682 F.2d 1227 (1982)

WESTERN TRANSPORTATION COMPANY, Plaintiff-Appellant, v. WILSON AND COMPANY, INC. and Wilson Foods Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1982.

Rehearing Denied September 22, 1982.

Attorney(s) appearing for the Case

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

David L. Schiavone, Chicago, Ill., for defendants-appellees.

Before POSNER and COFFEY, Circuit Judges, and CAMPBELL, Senior District Judge.

POSNER, Circuit Judge.

A common carrier regulated by the Interstate Commerce Commission may not receive a different compensation for its services from the rate specified in the applicable tariff, 49 U.S.C. § 10761(a), and if by mistake it charges a lower rate it may sue under 28 U.S.C. § 1337 to recover the undercharge. E.g., Madler v. Artoe, 494 F.2d 323 (7th Cir. 1974). The carrier's right to recover is quite unaffected...

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