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ATLANTIS EXP. v. STANDARD TRANSP. SERVICES

No. 91-1982.

955 F.2d 529 (1992)

ATLANTIS EXPRESS, INC., Appellee, v. STANDARD TRANSPORTATION SERVICES, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Barbara Kueppers, Minneapolis, Minn., argued, for appellant.

Thomas Wolff of Edina, Minn., argued, for appellee.

Paul H. Lamboley and Alfred S. Irving, Washington, D.C., appearing on the brief of amicus curiae Transportation Brokers Conference of America.

Before FAGG, Circuit Judge, TIMBERS, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

Standard Transportation Services, Inc., (Standard) appeals from a judgment in favor of Atlantis Express, Inc., (Atlantis) for freight undercharges. We reverse and remand to the district court with directions to refer this matter to the Interstate Commerce Commission (ICC) pursuant to the doctrine of primary jurisdiction.

I.

Atlantis is an ICC-licensed common and contract carrier. Standard is an ICC-licensed broker that arranges...

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