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.
United States Court of Appeals, Seventh Circuit.
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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