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...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases