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RTC TRANSP., INC. v. CONAGRA POULTRY CO.

No. 89-15836.

971 F.2d 368 (1992)

RTC TRANSPORTATION, INC., a Georgia Corporation, Motor Carrier Audit & Collection Company, a Division of Delta Traffic Service, Inc., a Texas Corporation, Plaintiffs-Appellees, v. CONAGRA POULTRY COMPANY, f/n/a Country Pride Foods, Ltd., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred June 12, 1992.

Submitted June 23, 1992.

Decided July 29, 1992.

Attorney(s) appearing for the Case

Lawrence A. Wengel, Gary Scott Decker, Greeve, Clifford, Diepenbrock & Paras, Sacramento, Cal., Peter A. Greene, Thompson, Hine & Flory, Washington, D.C., for defendant-appellant.

Miles L. Kavaller, Beverly Hills, Cal., for plaintiffs-appellees.

Before: GOODWIN, SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

This case addresses whether a shipper who did not pay a common carrier's filed rate, but instead paid a lower negotiated rate, may defend an action to collect the undercharge either because the carrier acted as a contract carrier or because the filed rate was unreasonable. The district court granted summary judgment for RTC Transportation, Inc. and Motor Carrier Audit & Collection Company (collectively RTC Transportation) on the grounds...

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