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CSX TRANSP., INC. v. ATLANTIC KRAFT CORP.

No. 87 Civ. 2409 (PKL).

680 F.Supp. 671 (1988)

CSX TRANSPORTATION, INC. as successor to Seaboard Coastline Railroad Company, Plaintiff, v. ATLANTIC KRAFT CORPORATION, Defendant. ATLANTIC KRAFT CORPORATION, Third-Party Plaintiff, v. AMERICAN CARIBE LINES, INC., Robert E. Brizendine, as Trustee of American Caribe Lines, Inc. and Boyd L. Hobbs, Third-Party Defendants.

United States District Court, S.D. New York.

March 8, 1988.

Attorney(s) appearing for the Case

Michael J. Siris, New York City, for plaintiff.

Jeffrey M. Herrmann, Wachtell, Manheim & Grouf, New York City, for defendant.

ORDER

LEISURE, District Judge:

Plaintiff brought this action to recover tariff freight charges on interstate railroad shipments, pursuant to the Interstate Commerce Act, 49 U.S.C. § 10101 et seq. Plaintiff has moved for summary judgment, claiming that because applicable tariffs were filed by plaintiff with the Interstate Commerce Commission (ICC), defendant must now pay the full tariff charges for its shipments—even if plaintiff misquoted...

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