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SEA-LAND SERVICE, INC. v. MURREY & SON'S CO. INC.

No. 86-5670.

824 F.2d 740 (1987)

SEA-LAND SERVICE, INC., Plaintiff-Appellee, v. MURREY & SON'S CO. INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1987.

Attorney(s) appearing for the Case

George McGill, Solana Beach, Cal., for defendant-appellant.

Thomas Russell, Long Beach, Cal., for plaintiff-appellee.

Before PREGERSON, NELSON and WIGGINS, Circuit Judges.

PREGERSON, Circuit Judge:

The district court granted summary judgment for Appellee Sea-Land Service, Inc. The court held that the Shipping Act of 1916, 46 U.S.C. §§ 801-42, amended by 46 U.S.C. §§ 1701-20 (Supp.1987), provides carriers with a private cause of action to collect freight charges imposed by a tariff. The district court also awarded attorneys' fees to Sea-Land. Murrey and Son's timely appeals. We affirm.

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