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REBEL MOTOR FREIGHT, INC. v. I.C.C.

No. 91-6091.

971 F.2d 1288 (1992)

REBEL MOTOR FREIGHT, INC., Plaintiff-Appellant, v. INTERSTATE COMMERCE COMMISSION and Diamond-Bathurst, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1992.

Attorney(s) appearing for the Case

James N. Clay, III (briefed), Memphis, Tenn., for plaintiff-appellant.

Robert F. Miller, McDonnell & Boyd, Memphis, Tenn., Richard A. Ifft (briefed), Henry Roemer McPhee, Hopkins, Sutter, Hamel & Park, Washington, D.C., for defendant-appellee Diamond-Bathurst, Inc.

Ed Bryant, U.S. Atty., Memphis, Tenn., Cecilia E. Higgins, Judith A. Albert (briefed), Office of the Gen. Counsel, Washington, D.C., for defendant-appellee I.C.C.

Before: MERRITT, Chief Judge; MILBURN, Circuit Judge; and BROWN, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiff-appellant Rebel Motor Freight, Inc. ("Rebel") appeals the summary judgment granted by the district court to defendant Diamond-Bathurst, Inc., affirming the Interstate Commerce Commission ("ICC") and dismissing Rebel's petition for review. On appeal, the sole issue is whether plaintiff Rebel's tariff publication practices, found to be unreasonable by the ICC, can abrogate the plain language of its published tariff which requires a...

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