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THRASHER TRUCKING CO. v. EMPIRE TUBULARS, INC.

No. 91-6196.

983 F.2d 46 (1993)

THRASHER TRUCKING CO., Plaintiff-Appellee, v. EMPIRE TUBULARS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 12, 1993.

Attorney(s) appearing for the Case

William C. Ferebee, Nancy Laha Clark, Houston, TX, for defendant-appellant.

Ernest M. Powell, Houston, TX, for plaintiff-appellee.

Before REAVLEY, SMITH and DeMOSS, Circuit Judges.

REAVLEY, Circuit Judge:

In this suit to collect alleged transportation undercharges, Empire Tubulars, Inc. (Empire) appeals summary judgment in favor of Thrasher Trucking Co. (Thrasher). We affirm.

I. BACKGROUND

Thrasher engages in both contract and common motor carriage, as well as the brokerage of carrier service, in interstate commerce. After negotiating, billing, and collecting a rate lower than that which it had on file with the Interstate Commerce...

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