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IN RE OLYMPIA HOLDING CORP.

No. 93-3463.

88 F.3d 952 (1996)

In re OLYMPIA HOLDING CORPORATION, et al., Debtors. Lloyd T. WHITAKER, Plaintiff-Appellant, v. FRITO-LAY, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 24, 1996.

Attorney(s) appearing for the Case

Gardner F. Davis, Foley & Lardner, Jacksonville, FL, George E. Ridge, Kent Ridge & Crawford, Jacksonville, FL, Kim D. Mann, Shawn, Mann & Niedermayer, Washington, DC, Peter B. Friedman, Steven M. Pesner, Akin, Gump, Strauss, Hauer & Feld, LLP, New York City, for appellant.

Robert L. Cope, Grove, Jaskiewicz & Cobert, Washington, DC, for appellee.

James L. Ade, KoKo Head, Martin, Ade, Birchfield and Mickler, Jacksonville, FL, Richard D. Bickelman, Kurt Terwilliger, Deutsch, Williams, Brooks, Boston, MA, for amicus curiae GTE Corporation.

Mark A. Dickerson, Pleasant Hill, CA, for amicus curiae Continental American Corporation.

Theodore K. Kalick, ICC, Washington, D.C., for amicus curiae Interstate Commerce Commission.

Before TJOFLAT, Chief Judge, and BARKETT, Circuit Judge.

TJOFLAT, Chief Judge:

During the times relevant to the controversy in this case, the Interstate Commerce Commission ("ICC") authorized motor common carriers to file tariffs, which indicated the rates the carrier would charge a shipper for transporting certain commodities from one location to another, without identifying the shipper by name.1 Instead, the carriers were given the option of identifying the shipper by code. P*I*E Nationwide...

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