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WEST COAST TRUCK LINES, INC. v. AMERICAN INDUSTRIES, INC.

No. 88-15518.

893 F.2d 229 (1990)

WEST COAST TRUCK LINES, INC., an Oregon Corporation, Plaintiff-Appellant, v. AMERICAN INDUSTRIES, INC., dba American Steel, an Oregon Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Miles L. Kavaller, Beverly Hills, Cal., for plaintiff-appellant, West Coast Truck Lines, Inc.

Gary C. Borchard, Redding, Cal., for defendant-appellee, American Industries, Inc.

Before WALLACE, PREGERSON and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

West Coast Truck Lines, Inc., (West Coast) appeals from the judgment dismissing without prejudice its action against American Industries, Inc. (American Industries) to collect undercharges. The district court based its dismissal on the lack of subject matter jurisdiction to review a ruling by the Interstate Commerce Commission (ICC). The ICC ruled that the collection of undercharges that are the subject of the controversy alleged in the complaint...

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