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NORTH PENN TRANSFER, INC. v. VICTAULIC CO. OF AMERICA

Civ. A. No. 94-0850.

859 F.Supp. 154 (1994)

NORTH PENN TRANSFER, INC., Debtor-In-Possession, Plaintiff, v. VICTAULIC COMPANY OF AMERICA, Defendant.

United States District Court, E.D. Pennsylvania.

July 5, 1994.

Attorney(s) appearing for the Case

Ronald Amato, Bethlehem, PA, for plaintiff.

James W. Patterson, Philadelphia, PA and Paul J. Lamboley, Washington, DC, for defendant.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

This case presents a recurring question of late, namely whether an interstate motor carrier in bankruptcy can recover undercharges based on tariff rates filed for interstate commerce transportation notwithstanding the lower rates actually collected prior to the carrier's bankruptcy. Plaintiff North Penn Transfer, Inc. ("North Penn Transfer"), a debtor-in-possession, brought this suit against defendant...

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