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BRIZENDINE v. COTTER & CO.

No. 92-2925.

4 F.3d 457 (1993)

Robert E. BRIZENDINE, Trustee on Behalf of the Bankruptcy Estate of Brown Transport Truckload, Inc., Brown Transport Corp., and Thurston Motor Lines, Inc., Plaintiff-Appellant, v. COTTER & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1993.

Rehearing and Suggestion for Rehearing Denied September 21, 1993.

Attorney(s) appearing for the Case

David G. Sperry, Allan D. Harris, Independence, MO, Jeffrey S. Firestone, Firestone, Liebman & Eddy, Chicago, IL, Paul O. Taylor (argued), Harris & Taylor, Bloomington, MN, Lawrence M. Liebman, Eddy & Liebman, Chicago, IL, for plaintiff-appellant.

Hugo M. Chaviano, David J. Fischer, Chaviano, Fischer, Kendle & Wahlers, Chicago, IL, William J. Augello (argued), Augello, Pezold & Hirschmann, Northport, NY, for defendant-appellee.

Before FLAUM, MANION, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 21, 1993.

FLAUM, Circuit Judge.

This case poses an important question under the Interstate Commerce Act (ICA): may a motor carrier collect undercharges from a shipper pursuant to a tariff that refers to a mileage guide in which the carrier did not formally "participate"? The district court granted summary judgment to the shipper on the basis of a decision by the Fifth Circuit on this issue.

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