IN RE CAROLINA MOTOR EXP., INC.

Nos. 89-3259, 89-3261 and 89-3262.

949 F.2d 107 (1991)

In re CAROLINA MOTOR EXPRESS, INC., Fed. I.D. No. 56-1299892, Debtor. Langdon M. COOPER, trustee, Mark & Associates of North Carolina, Inc., Plaintiffs-Appellants, v. DELAWARE VALLEY SHIPPERS, Defendant-Appellee. Langdon M. COOPER, Trustee for Carolina Motor Express, Inc., Mark & Associates of North Carolina, Inc., Plaintiffs-Appellants, v. Peter C. REITER, Defendant-Appellee. Langdon M. COOPER, Trustee for Carolina Motor Express, Inc., Mark & Associates of North Carolina, Inc., Plaintiffs-Appellants, v. CALIFORNIA CONSOLIDATED ENTERPRISES, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1991.

As Amended November 22, 1991.


Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Sims, Walker & Steinfeld, P.C., Washington, D.C., argued (Robert B. Walker, John T. Siegler, Washington, D.C., Langdon M. Cooper, Mullen, Holland, Cooper, Morrow, Wilder & Sumner, P.A., Gastonia, N.C., on brief), for plaintiffs-appellants.

Robert L. Cope, Grove, Jaskiewiz, Gilliam & Cobert, Washington, D.C., argued (Stuart R. Childs, Washington, D.C., Robert J. Gallagher, Northampton, Mass., on brief), for defendants-appellees.

Before WIDENER and HALL, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.


OPINION

WIDENER, Circuit Judge:

In this consolidated appeal, we address issues arising from the requirement of the Interstate Commerce Act (Act), 49 U.S.C. § 10101 et seq. (1982) that motor common carriers file their rates with the Interstate Commerce Commission (ICC) and that both shippers and carriers adhere to these rates. These cases involve a motor carrier that seeks to collect, based upon its tariff on file with the ICC, undercharges from...

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