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

No. 93-3035.

37 F.3d 1237 (1994)

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

United States Court of Appeals, Seventh Circuit.

Decided October 12, 1994.

Attorney(s) appearing for the Case

Robert B. Walker, John T. Siegler, Sims, Walker & Steinfeld, Washington, DC, Marc Zellen, Miller & Zellen, Bloomington, MN (argued), Lawrence M. Liebman, Timothy F. Eddy, Eddy & Liebman, Chicago, IL, for plaintiff-appellee.

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

Before CUMMINGS, FRIEDMAN and CUDAHY, Circuit Judges.

ON PETITION FOR REHEARING

FRIEDMAN, Circuit Judge.

In our decision of May 3, 1994, 23 F.3d 1151, we held that a motor carrier's failure to amend its tariffs to show its changed name, as the Interstate Commerce Commission (Commission) had directed it to do, did not bar the carrier from collecting from a shipper the differences between the amount mistakenly charged the shipper and the higher rate specified in the filed tariff...

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