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FELDSPAR TRUCKING v. GREATER ATL. SHIPPERS ASS'N

No. C87-575A.

683 F.Supp. 1375 (1987)

FELDSPAR TRUCKING COMPANY, INC. v. GREATER ATLANTA SHIPPERS ASSOCIATION, INC.

United States District Court, N.D. Georgia, Atlanta, Division.

September 29, 1987.

Attorney(s) appearing for the Case

Arthur B. Seymour, Office of Arthur B. Seymour, Atlanta, Ga., Joseph L. Steinfeld, Jr., Sims Walker & Steinfeld, Washington, D.C., for Feldspar Trucking Co., Inc. plaintiff counter/defendant.

Robert L. Cope, Grove Jaskiewicz Gilliam & Cobert, Washington, D.C., Quentin Henderson, Jr., Office of Quentin Henderson, Jr., Norcross, Ga., for Greater Atlanta Shippers Ass'n, Inc., defendant counter-claimant.

ORDER

RICHARD C. FREEMAN, District Judge.

This action is before the court on defendant's motion to stay the action and for referral to the Interstate Commerce Commission (ICC).1 Plaintiff opposes the motion.

Plaintiff, in its complaint, seeks to recover undercharges in the amount of $51,493.01 from defendant. Plaintiff alleges that an audit has shown that defendant did not pay the applicable tariff rate that plaintiff...

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