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DELTA TRAFFIC SERVICE, INC. v. APPCO PAPER & PLASTICS CORP.

No. 1268, Docket 88-9057.

893 F.2d 472 (1990)

DELTA TRAFFIC SERVICE, INC., and Oneida Motor Freight, Inc., Plaintiffs-Appellees, v. APPCO PAPER & PLASTICS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 4, 1990.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Washington, D.C. (Robert B. Walker, John T. Siegler, Sims, Walker & Steinfeld, P.C., Washington, D.C., Kenneth M. Piken, Piken & Piken, P.C., Rego Park, N.Y., of counsel), for plaintiffs-appellees.

William J. Augello, Huntington, N.Y. (Augello, Pezold & Hirschmann, P.C., Huntington, N.Y., of counsel), for defendant-appellant.

Before MINER and ALTIMARI, Circuit Judges, and GRAY, District Judge.

ALTIMARI, Circuit Judge:

In this case, we consider the "filed rate doctrine," which requires a motor carrier to collect the rate published in a tariff filed with the Interstate Commerce Commission ("ICC"), and we examine the court's role in an action to collect undercharges to the filed rate. Defendant-appellant Appco Paper and Plastics Corporation ("Appco") appeals from a judgment of the United States District Court for the Eastern District of New York (Sifton, ...

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