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MATTER OF LIFSCHULTZ FAST FREIGHT CORP.

No. 94-3661.

63 F.3d 621 (1995)

In the Matter of LIFSCHULTZ FAST FREIGHT CORPORATION, Debtor. Appeal of Bruce E. DE MEDICI, Trustee for Lifschultz Fast Freight Corporation.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1995.

Attorney(s) appearing for the Case

Robert B. Walker (argued), John T. Siegler, Shawn, Mann & Niedermayer, Washington, DC, for trustee-appellant.

William D. Brejcha, Abramson & Fox, Chicago, IL, Robert J. Gallagher (argued), M. Shields Gallagher & Gallagher, Northampton, MA, for appellee.

Before POSNER, Chief Judge, and CUMMINGS and MANION, Circuit Judges.

MANION, Circuit Judge.

Lifschultz is a common carrier that charged FDSI, one of its freight shipping customers, less than the freight rate it filed with the Interstate Commerce Commission. But under the "filed rate" doctrine a shipper is legally liable to the carrier for the rate filed with the Commission even if the carrier charged a lesser rate. Thus when Lifschultz went into bankruptcy, the Trustee, on behalf of the bankruptcy estate, sought to recover the difference...

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