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ALUMINUM CO. OF AMER. v. ADMIRAL MERCH. MOTOR FRGT., INC.

Nos. 70 C 1189, 70 C 1190 and 70 C 1197.

337 F.Supp. 674 (1971)

ALUMINUM COMPANY OF AMERICA, a Pennsylvania corporation, Plaintiff, v. ADMIRAL MERCHANTS MOTOR FREIGHT, INC., a Minnesota corporation, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

Memorandum Opinion January 28, 1972.

Attorney(s) appearing for the Case

Pope, Ballard, Kennedy, Shepard & Fowle, Chicago, Ill., for plaintiff.

Donald Levine, Axelrod, Goodman, Steiner & Bazelon, Chicago, Ill., for defendants.

MEMORANDUM OPINION

WILL, District Judge.

The issues presented by the plaintiff's motion for summary judgment in each of these three pending cases is whether certain orders of the Interstate Commerce Commission are valid and whether the plaintiff may sue for refund of certain alleged overcharges collected by the three defendants, each a motor carrier.

Plaintiff claims a refund of freight charges based upon the refund order of the Interstate Commerce...

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