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ADVANCE UNITED EXPRESSWAYS, INC. v. EASTMAN KODAK

No. 91-1320.

965 F.2d 1347 (1992)

ADVANCE UNITED EXPRESSWAYS, INC., Plaintiff-Appellee, v. EASTMAN KODAK COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 26, 1992.

Attorney(s) appearing for the Case

Byron D. Olsen, Barbara R. Kueppers, Felhaber, Larson, Fenlon & Vogt, Minneapolis, Minn., for Eastman Kodak.

Nicholas J. DiMichael, Richard D. Fortin, Donelan, Cleary, Wood & Maser, Washington, D.C., for amicus curiae Nat. Indus. Trans. League.

Judith A. Albert, Atty., I.C.C., Washington, D.C., for amicus curiae I.C.C.

Paul O. Taylor, Minneapolis, Minn., David G. Sperry, Independence, Mo., Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, Washington, D.C., for amicus curiae Health & Personal Care Dist. Conference, et al.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this interstate tariff undercharge case, we examine the roles played by the Interstate Commerce Commission and the district courts when the reasonableness of a tariff rate or practice is at issue. For the reasons set forth below, we hold that, in the light of Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. 116, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990), shippers may assert rate unreasonableness...

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