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ORSCHELN BROS. TRUCK LINES, INC. v. FERGUSON MFG., INC.

No. WD 42343.

793 S.W.2d 525 (1990)

ORSCHELN BROTHERS TRUCK LINES, INC., Barry Schermer, Trustee, Appellant, v. FERGUSON MANUFACTURING, INC., Respondent.

Missouri Court of Appeals, Western District.

June 26, 1990.

Attorney(s) appearing for the Case

Thomas M. Pavelko, Norman W. Pressman, St. Louis, for appellant.

Richard N. Bien, Kansas City, for respondent.

Before TURNAGE, P.J., and LOWENSTEIN and GAITAN, JJ.

GAITAN, Judge.

Orscheln Brothers Truck Lines, Inc., appeals from an order granting Ferguson Manufacturing, Inc.'s motion for summary judgment in an action brought by the carrier's bankruptcy trustee for collection of tariff undercharges. We reverse.

Appellant Orscheln Brothers Truck Lines, Inc., ("Orscheln"), a Missouri corporation and common carrier, engaged in the transportation of property in interstate commerce...

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