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CONSOLIDATED RAIL CORP. v. CERTAINTEED CORP.

Nos. 86-1715 & 86-1732.

835 F.2d 474 (1987)

CONSOLIDATED RAIL CORPORATION, Cross-Appellant in No. 86-1732, v. CERTAINTEED CORPORATION, Appellant in No. 86-1715.

United States Court of Appeals, Third Circuit.

Decided December 14, 1987.

Rehearing Denied January 6, 1988.

Attorney(s) appearing for the Case

William H. Johnson (argued), Philadelphia, Pa., for Consolidated Rail Corp.

David P. Bruton (argued), Sheryl A. Donnella, Drinker Biddle & Reath, Philadelphia, Pa., for CertainTeed Corp.

Before GIBBONS, Chief Judge, and WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A railroad brought this action against a shipper for payment of undercharges. The district court determined that the defendant's product was substantially similar to that of another shipper and, consequently, the tariff that the ICC designated for the latter's product should apply to the defendant's as well. As a result, the district court entered judgment in favor of plaintiff railroad and against defendant shipper...

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