HARGRAVE v. FREIGHT DISTRIBUTION SERVICE, INC.

No. 93-56269.

53 F.3d 1019 (1995)

John W. HARGRAVE, trustee in Bankruptcy for Circle C Trucking, Plaintiff-Appellant, v. FREIGHT DISTRIBUTION SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1995.


Attorney(s) appearing for the Case

Miles L. Kavaller, Beverly Hills, CA, and John T. Siegler, Sims, Walker, and Steinfeld, Washington, DC, for plaintiff-appellant.

Robert J. Gallagher, Northampton, MA, and John S. Hilbert, Los Angeles, CA, for defendant-appellee.

Before: BROWNING and BEEZER, Circuit Judges, and HAGGERTY, District Judge.


BEEZER, Circuit Judge:

We consider two questions. First, we examine whether in a suit brought on behalf of a bankrupt common carrier for recovery of the carrier's filed rate, the district court must refer the issue of the reasonableness of the filed rate to the Interstate Commerce Commission for an initial determination. Although we have addressed this question before, we revisit it in light of the Supreme Court's decision in Reiter v. Cooper, ___ U.S. ___...

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