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MILNE TRUCK LINES, INC. v. MAKITA U.S.A., INC.

No. 91-55059.

970 F.2d 564 (1992)

MILNE TRUCK LINES, INC. and Consolidated/Mark, a Joint Venture Between Consolidated International Stores Corp. and Mark Services, Inc., Plaintiffs-Appellees, v. MAKITA U.S.A., INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Mary Kay Reynolds, Kroll & Tract, Los Angeles, Cal., for defendant-appellant.

Miles L. Kavaller, Beverly Hills, Cal., for plaintiffs-appellees.

Before BROWNING, BOOCHEVER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

The primary question presented by this case is whether in a suit brought by a motor common carrier under the Interstate Commerce Act for recovery of its filed rate the defendant shipper may plead unreasonableness of the filed rate as a defense. We conclude that the filed rate doctrine, as set forth in Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. 116, 110 S.Ct. 2759, 111 L.Ed.2d 94...

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