CARRIERS TRAFFIC SERV. v. ANDERSON, CLAYTON & CO.

Nos. 88-2697, 88-2707 and 88-3053.

881 F.2d 475 (1989)

CARRIERS TRAFFIC SERVICE, INC., Plaintiff-Appellant, v. ANDERSON, CLAYTON & COMPANY, Defendant-Appellee, and United States of America and Interstate Commerce Commission, Defendants-Appellees. INMAN FREIGHT SYSTEMS, INC. and Jim S. Green, Trustee, Plaintiffs-Appellants, v. BOISE CASCADE CORPORATION, Defendant-Appellee, and United States of America and Interstate Commerce Commission, Defendants-Appellees. ORSCHELN BROTHERS TRUCK LINES, INC., Barry S. Schermer, Trustee, Assignor, and Carriers Traffic Service, Inc., Assignee, Plaintiffs/Petitioners-Appellants, v. COOPER INDUSTRIES, INC., Defendant-Appellee, and United States of America and Interstate Commerce Commission, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1989.


Attorney(s) appearing for the Case

Steven C. Weiss, Ronald M. Hill, Weiss & Associates, Chicago, Ill., for Carriers Traffic Service, Inc., Inman Freight Systems, Inc. and Jim Green.

James K. Perrin, Paul V. Byrne, Jr., Haskell & Perrin, Chicago, Ill., for Anderson, Clayton & Co., U.S., and I.C.C.

Patrick H. Smyth, Smyth & Associates, Chicago, Ill., Karen Gowland, Boise, Idaho, for Boise Cascade Corp.

Jeanne M. Witherspoon and Gail C. Ginsberg, Asst. U.S. Attys., Office of the U.S. Atty., Chicago, Ill., for U.S. and I.C.C.

Steven C. Weiss, Steven D. Armamentos, Weiss & Associates, Chicago, Ill., for Orscheln Bros. Truck Lines, Inc., Barry Schermer and Carriers Traffic Service, Inc.

Dale R. Crider, Rivkin, Radler, Dunne & Bayh, Chicago, Ill., Richard D. Fortin, Donelan, Cleary, Wood & Maser, Washington, D.C., for Cooper Industries, Inc.

Before WOOD, Jr., CUDAHY, and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

These consolidated cases arise from identical disputes over retroactive application of a "shipper load and count" notation requirement for a reduced rate tariff. In all three cases goods were shipped, and shippers billed, under a reduced rate. In order to obtain the reduced rate, shippers were required to load their goods, count them and make notations on the bills of lading indicating that they had performed the loading and counting. The evidence...

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