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NORWEST TRANSP., INC. v. HORN'S POULTRY, INC.

No. 93-3035.

23 F.3d 1151 (1994)

NORWEST TRANSPORTATION, INC., Plaintiff-Appellee, v. HORN'S POULTRY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1994.

Attorney(s) appearing for the Case

Lawrence M. Liebman, Timothy F. Eddy, Eddy & Liebman, Chicago, IL, Marc A. Zellen (argued), Miller & Zellen, Bloomington, MN, for plaintiff-appellee.

David C. Nelson (argued), Dilsaver, Nelson, Winter & Black, Mattoon, IL, for defendant-appellant.

Before CUMMINGS, FRIEDMAN and CUDAHY, Circuit Judges.

FRIEDMAN, Circuit Judge.

The Interstate Commerce Commission (Commission) approved a motor carrier's request to change its name, and directed the carrier to amend its tariffs to show its new name. The carrier failed to do so. The question is whether such failure barred the carrier from collecting from a shipper the difference between the amount mistakenly charged the shipper and the higher rates specified in its filed tariff. The district court held that the carrier...

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