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FREIGHTCOR SERVICES, INC. v. KUHLMAN CORP. ELEC.

No. 93-5227.

30 F.3d 43 (1994)

FREIGHTCOR SERVICES, INC., Plaintiff-Appellant, v. KUHLMAN CORPORATION ELECTRICAL GROUP/Distribution Transformer Division, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1994.

Attorney(s) appearing for the Case

Paul O. Taylor (briefed), Harris & Taylor, Minneapolis, MN, Ernest V. Thomas, III, Thomas & Thomas, Covington, KY, David G. Sperry, Independence, MO, for plaintiff-appellant.

Philip M. Frost, Mark K. Riashi (briefed), Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, MI, John C. Darsie, Darsie & Elsie, Lexington, KY, for defendant-appellee.

Before: JONES, NORRIS, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Freightcor Services, Inc. ("Freightcor"), pursuant to 49 U.S.C. § 10761(a), filed suit against Kuhlman Corporation ("Kuhlman") to recover "undercharges" for interstate transportation services. The district court stayed its proceedings and referred the case to the Interstate Commerce Commission ("ICC") for determination of whether Freightcor had valid tariffs on file at the time it contracted with Kuhlman and whether those rates were...

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