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G.M.W. v. CERTIFIED PARTS

No. 86-1086.

135 Wis.2d 503 (1986)

400 N.W.2d 512

G.M.W., INC., Plaintiff-Respondent, v. CERTIFIED PARTS CORPORATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 18, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Richard E. Rosenberg and Nowlan & Mouat of Janesville.

For the plaintiff-respondent the cause was submitted on the brief of Harry N. Loeb and Loeb & Ching, S.C. of Madison, and Louis J. Wade and Culp, Strus & Wade, of Kansas City, MO.

Before Dykman, Eich and Sundby, JJ.

DYKMAN, J.

Certified Parts Corporation appeals from a judgment granting a motion for summary judgment. The issue is whether a shipper may raise an equitable defense to the collection of an undercharge by a motor common carrier on rates filed by the carrier with the Interstate Commerce Commission. Because we conclude that a shipper may not do so, we affirm.

The trustee in bankruptcy of G.M.W., a motor common carrier, sued to collect undercharges on shipments...

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