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WESCAR FREIGHT SYSTEMS, INC. v. CONAGRA, INC.

No. C-88-4664 SAW.

706 F.Supp. 724 (1989)

WESCAR FREIGHT SYSTEMS, INC., Plaintiff, v. CONAGRA, INC., Defendant.

United States District Court, N.D. California.

January 26, 1989.

Attorney(s) appearing for the Case

Carl A. Knutson, Newport Beach, Cal., for plaintiff.

Michael Rubin, Walsh, Donovan, Lindh & Keech, San Francisco, Cal., Thompson, Hine & Flory, Peter Greene, Hale Foote, Washington, D.C., for defendant.

ORDER

WEIGEL, District Judge.

In 1985 and 1986, plaintiff Wescar Freight System, Inc. (Wescar), allegedly hauled 13 shipments on behalf of defendant ConAgra. Wescar brings this action to collect the $5,184.11 difference between the rate originally charged and paid (pursuant to a contract between the parties) and the rate published in tariffs filed by Wescar with the Interstate Commerce Commission. Wescar asserts that it is obligated under 49 U.S.C. §...

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