MIHM, District Judge.
These two suits, consolidated for purposes of the hearing on the motion to dismiss for lack of jurisdiction, involve simple collection actions for unpaid rail freight charges in amounts under $10,000. The sole issue raised by the motion is whether the Court has jurisdiction of these actions under 28 U.S.C. § 1337(a).
In Louisville & Nashville R.R. Co. v. Rice, 247 U.S. 201, 202, 38 S.Ct. 429, 62 L.Ed. 1071 (1918), the Supreme Court held that an action for the collection of unpaid rail freight charges "arises under" the Interstate Commerce Act. Therefore, the District Court had jurisdiction of the action under Section 24 of the Judicial Code
This decision created an implied action for collection of unpaid freight charges under the Interstate Commerce Act which was followed by the Seventh Circuit with regard to rail freight, Atchison, T. & S.F. Ry. v. Springer, 172 F.2d 346 (7th Cir.1949), and motor freight, Madler v. Artoe, 494 F.2d 323 (7th Cir.1974).
In 1978, § 1337 was amended by imposing a $10,000 "amount in controversy" jurisdictional requirement for actions arising under sections 20(11) and 219 of the Interstate Commerce Act.
In Overnite Transportation Company v. Chicago Industrial Tire Company, 668 F.2d 274 (7th Cir.1981), the Seventh Circuit had the opportunity to consider the effect of the recently amended § 1337(a) upon the District Court's jurisdiction over actions arising under the Interstate Commerce Act. Overnite involved an action by a motor carrier for the price of the goods rather than for the freight charges. The Court observed that Congress amended § 1337(a) to provide a $10,000 jurisdictional requirement for actions based on the express remedies provided for by the Interstate Commerce Act. Because jurisdiction over express remedies was limited by a $10,000 amount in controversy requirement, the Court reasoned that remedies inferable from the Act should be similarly limited.
Overnite, supra, at 276. Thus, the action for collection of unpaid rail freight charges inferable under the Interstate Commerce Act is subject to a $10,000 jurisdictional amount requirement.
A similar result was reached in the Ninth Circuit where the Court in Thurston Motor Lines v. Jordan K. Rand, Ltd., 682 F.2d 811 (9th Cir.1982) held that a simple contract collection action on unpaid freight bills does not "arise under"
In light of the above authority, it is the decision of the Court that the collection actions for unpaid freight charges presently before the Court do not "arise under" the Interstate Commerce Act and are subject to the $10,000 jurisdictional requirement of § 1337(a). Because the amount in controversy in each of these cases does not exceed $10,000, the Motion to Dismiss for lack of jurisdiction is GRANTED and the cases are DISMISSED.