EF OPERATING CORP. v. AMERICAN BLDGS.

No. 92-1598.

993 F.2d 1046 (1993)

EF OPERATING CORPORATION, T/A West Motor Freight of PA, Appellant, v. AMERICAN BUILDINGS; Chief Industries; Guile Steel; Inland Buildings; Kabro-Kaiser Associated; M.P. Flaherty Assoc.; S.S. Fisher Steel Corp.; Star Building Systems; United Feeds.

United States Court of Appeals, Third Circuit.

Decided May 10, 1993.

Sur Petition for Rehearing June 3, 1993.


Attorney(s) appearing for the Case

Joseph T. Bambrick, Jr., (argued) Joseph J. Bambrick, Jr., & Associates, West Reading, PA, for appellant.

Philip W. Fisher, (argued), Fox, Rothschild, O'Brien & Frankel Philadelphia, PA, for appellee M.P. Flaherty Assoc.

Theodore A. Adler, Reager, Selkowitz & Adler P.C., Harrisburg, PA, for appellee S.S. Fisher Steel Corp.

Before: HUTCHINSON, NYGAARD and SEITZ, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

The primary issue on appeal is whether under the Interstate Commerce Act, 49 U.S.C. § 10101 et seq., consignees must pay a common motor carrier for shipment of goods received even though the consignees had paid the shipper-consignor for the freight charges and the carrier delivered the goods under a bill of lading marked "prepaid." The district court concluded that...

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