PHILIPP TRANSIT LINES, INC. v. RMI CO.

No. 83-1215.

723 F.2d 53 (1983)

PHILIPP TRANSIT LINES, INC.; Vincent D. Vogler, Jr., Trustee, Appellants, v. RMI COMPANY, a partnership, United States Steel Corporation, National Distillers Chemical Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1983.


Attorney(s) appearing for the Case

Stern, Pressman & Soule, Norman W. Pressman, St. Louis, Mo., for appellants.

Harold A. Thomas, Jr., Clark H. Cole, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for appellees; John F. Hornbostel, Jr., New York City, of counsel.

Before ROSS, ARNOLD and BOWMAN, Circuit Judges.


PER CURIAM.

The case is before this court on appeal from the judgment of the district court. The parties have stipulated to the facts and they are summarized below.

The appellant is the Trustee in bankruptcy of Philipp Transit Lines, Inc. This action was brought against RMI Company to recover rate charges under Item 136500 of the National Motor Freight Classification. Philipp claims that the highest rate available should have applied to 459 shipments of titanium...

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