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BELA SEATING COMPANY v. ADVANCE TRANSPORTATION CO.

No. 71 C 2455.

344 F.Supp. 854 (1972)

BELA SEATING COMPANY et al., Plaintiffs, v. ADVANCE TRANSPORTATION CO. et al., Defendants.

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

June 8, 1972.

Attorney(s) appearing for the Case

Charles W. Singer, Singer & Lippman, Chicago, Ill., for plaintiffs.

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

MEMORANDUM OPINION

WILL, District Judge.

The plaintiffs in this action are suing the various defendant motor carriers for refund of freight charges pursuant to orders of the Interstate Commerce Commission dated June 5, August 29, and October 27, 1969.1 The carriers have moved to dismiss the complaint and the plaintiffs have moved for summary judgment.

The first ground asserted by the carriers in support of their motion...

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