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I.C.C. v. TRANSCON LINES

No. 92-55036.

981 F.2d 402 (1992)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellant, v. TRANSCON LINES, a corporation; Leonard L. Gumport, Chapter 7 Trustee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1992.

As Amended October 23, and December 10, 1992.

Attorney(s) appearing for the Case

Richard S. Berger, Tuttle & Taylor, Los Angeles, CA, for defendants-appellees.

Henri F. Rush, Deputy Gen. Counsel, I.C.C., Office of Gen. Counsel, Washington, DC; Stephen L. Day, Regional Counsel, I.C.C., Seattle, WA, for plaintiff-appellant.

Stanley O. Sher, Sher & Blackwell, Washington, DC, amicus Intern. Brotherhood of Teamsters.

Joseph L. Steinfeld, Jr., Sims, Walker, & Steinfeld, and Kim D. Mann, Shawn, Mann & Niedermayer, Washington, DC, amicus Creditors Alliance to Preserve Freight Undercharge Assets.

Mary Kay Reynolds, Kroll & Tract, Los Angeles, CA, for amicus Transp. Claims & Prevention Council, Inc., et al.

Daniel J. Sweeney and John M. Cutler, Jr., McCarthy, Sweeney & Harkaway, for amici curiae Health and Personal Care Distribution Conference and Nat. Small Shipments Traffic Conference.

Before BOOCHEVER, NORRIS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The Interstate Commerce Commission (the ICC or the Commission) brought suit against Transcon Lines (Transcon) and its trustee in bankruptcy, Leonard Gumport (the Trustee), seeking an injunction against the collection of freight charges in violation of ICC credit regulations or in excess of Transcon's tariffs filed with the Commission. The district court granted summary judgment to the defendants. The ICC appeals.

The case presents several...

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