Opinion · Court of Appeals for the Ninth Circuit

Consolidated Freightways Corp. v. Terry Tuck, Inc.

Consol. Freightways Corp. v. Terry Tuck, Inc., 612 F.2d 465 (9th Cir. 1980)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1980-01-28
Topic
litigation

PER CURIAM: Under the Motor Carriers Act § 217(b), 49 U.S.C. § 317(b) (1976), Consolidated Freightways sued Terry Tuck for an amount still owing under the applicable ICC-approved tariff. Terry Tuck counterclaimed for fraud, alleging that the carrier knowingly misquoted the shipping rates. The district court granted Consolidated’s summary judgment motion for the amount still due, and it dismissed the counterclaim pursuant to Fed.R.Civ.P. 12(b)(6). The facts are admittedly indistinguishable from those occurring in Aero Trucking, Inc. v. Regal Tube Co., 594 F.2d 619 (7th Cir. 1979); Pettibone v.

Citator

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Authority status
pending
Cited by
14 opinions