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F.P. CORP. v. GOLDEN WEST FOODS, INC.

Civ. A. No. 91-0040-L.

807 F.Supp. 1228 (1992)

F.P. CORP., Plaintiff, v. GOLDEN WEST FOODS, INC., Defendant.

United States District Court, W.D. Virginia, Lynchburg Division.

July 28, 1992.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Sims, Walker & Steinfeld, P.C., Washington, D.C., for plaintiff.

Stephen R. Mysliwiec, Mary E. Brobson, and James D. Gette, Piper & Marbury, Washington, D.C., pro hac vice, for defendant.

MEMORANDUM OPINION

KISER, District Judge.

This is an action by a motor carrier, F.P. Corp. ("FP"), against a shipper, Golden West Foods, Inc. ("Golden West"), to recover the difference between FP's tariff rate and a negotiated rate between the parties, commonly known as an undercharge action. Golden West has moved to stay this case and refer it to the Interstate Commerce Commission ("ICC"). Because this case does not involve issues requiring the ICC's expertise...

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