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  5. 861 F.Supp. 638 (1993)
 

GROSS COMMON CARRIER, INC. v. A.B. DICK CO.

No. 93 C 5012.

861 F.Supp. 638 (1993)

GROSS COMMON CARRIER, INC., Plaintiff, v. A.B. DICK COMPANY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 21, 1993.

Attorney(s) appearing for the Case

Robert J. Weber, Robert J. Weber, Ltd., Chicago, IL, John W. Bryant, Eames, Wilcox, Mastej, Bryant, Swift and Riddell, Detroit, MI, for plaintiff.

Steven Jay Seidman, Law Offices of Steven J. Seidman, Chicago, IL, for defendant.

MEMORANDUM OPINION AND ORDER

CONLON, District Judge.

Gross Common Carrier, Inc. ("Gross") sues A.B. Dick Co. ("A.B. Dick") for recovery of alleged freight undercharges for certain shipments. A.B. Dick moves to stay these proceedings and transfer the cause to the Interstate Commerce Commission ("ICC") for a determination of the reasonableness of the tariff rates on file with the ICC ("the filed rates").

BACKGROUND

Gross is...

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