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WEST COAST TRUCK LINES, INC. v. WEYERHAEUSER CO.

Nos. 89-35115, 89-35121 and 89-35167.

893 F.2d 1016 (1990)

WEST COAST TRUCK LINES, INC., Plaintiff, and Delta Traffic Service, Inc., Plaintiff-Appellant, v. WEYERHAEUSER CO.; Marine Lumber Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1990.

Attorney(s) appearing for the Case

Miles L. Kavaller, Beverly Hills, Cal., for plaintiffs-appellants Delta Traffic Service, Inc., and West Coast Truck Lines, Inc.

William N. Mehlhaf, Case, Dusterhoff & Mehlhaf, Portland, Or., for defendants-appellees Weyerhaeuser Co. and Marine Lumber Co.

Cecelia E. Higgins, Washington, D.C., for intervenor, Interstate Commerce Commission.

Paul Gary Sterling and Mary Kay Reynolds, Meadows, Smith, Lenker, Sterling & Davis, Long Beach, Cal., Amicus Curiae Counsel, William J. Augello, Augello, Pezold & Hirschmann, Huntington, New York, for The Shippers National Freight Claim Council, Inc.

Before WALLACE, PREGERSON and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Delta Traffic Service, Inc. (Delta) appeals from the district court's order granting summary judgment in favor of Weyerhaeuser Co. (Weyerhaeuser) and Marine Lumber Co. (Marine). Delta instituted an action to collect interstate motor common carrier freight undercharges. The alleged undercharges represent the difference between West Coast Truck Lines, Inc.'s (West Coast) published rate on file with...

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