HARGRAVE v. UNITED WIRE HANGER CORP.

No. 95-5131.

73 F.3d 36 (1996)

John W. HARGRAVE, Trustee in Bankruptcy for Saber Transport, Inc., Appellant, v. UNITED WIRE HANGER CORP.

United States Court of Appeals, Third Circuit.

Decided January 8, 1996.


Attorney(s) appearing for the Case

Robert B. Walker, (argued), John T. Siegler, Shawn, Mann & Neidermayer, L.L.P., Washington, DC, for Appellant.

Gerard F. Smith, (argued), Law Offices of Gerard F. Smith, Denville, NJ, George Carl Pezold, Raymond A. Selvaggio, Augello, Pezold & Hirschmann, P.C., Huntington, NY, for Appellee.

Before: BECKER, ROTH and LEWIS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

The Interstate Commerce Act (ICA), 49 U.S.C. § 10101 et seq., mandates that motor common carriers file their rates with the Interstate Commerce Commission (ICC), and prohibits carriers from providing services at any rate other than the filed rate. Many carriers, however, in response to increased competition fostered by the Motor Carrier Act of 1980, negotiated and charged rates lower than those filed with the...

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