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

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

912 F.2d 1130 (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.

Filed January 4, 1990.

Opinion Vacated August 30, 1990.

Decided August 30, 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, I.C.C.

Paul Gary Sterling and Mary Kay Reynolds, Meadows, Smith, Lenker, Sterling & Davis, Long Beach, Cal., for amicus curiae The Shippers Nat. Freight Claim Council, Inc.

Before WALLACE, PREGERSON and ALARCON, Circuit Judges.


ORDER AND OPINION

ALARCON, Circuit Judge:

The petition for rehearing is GRANTED. The opinion filed January 4, 1990 is withdrawn.

In West Coast Truck Lines, Inc. v. Weyerhaeuser, 893 F.2d 1016 (9th Cir.1990), we determined that an unreasonable practices defense could be asserted to prevent application of the filed rate doctrine in an action to collect motor common carrier undercharges. Based upon this conclusion...

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