U.S. Court of Appeals for the Ninth Circuit, 1990

West Coast Truck Lines, Inc., and Delta Traffic Service, Inc. v. Weyerhaeuser Co. Marine Lumber Co.

U.S. Court of Appeals for the Ninth Circuit · Decided August 30, 1990 · Wallace, Pregerson, Alarcon

912 F.2d 1130; 1990 U.S. App. LEXIS 15298 (Federal Reporter, Second Series)

Counsel

Miles L. Kavaller, Beverly Hills, Cal., for plaintiffs-appellants Delta Traffic Service, Inc., and West Coast Truck Lines, Inc., William N. Mehlhaf, Case, Dusterhoff & Mehlhaf, Portland, Or., for defendants-ap-pellees Weyerhaeuser Co. and Marine Lumber Co., Cecelia E. Higgins, Washington, D.C., for intervenor, I.C.C., Paul Gary Sterling and Mary Kay Reynolds, Meadows, Smith, Lenker, Sterling & Davis, Long Beach, Cal., for amicus curiae The Shippers Nat. Freight Claim Council, Inc.

Cases that cite this one

3 later published cases cite this decision.

Atlantis Express, Inc. v. Standard Transportation Services, Inc. (8th Cir. 1992)
Milne Truck Lines, Inc. v. Makita U.S.A., Inc. (9th Cir. 1992)
Milne Truck Lines, Inc. v. Makita U.S.A., Inc. (9th Cir. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER AND OPINION

ALARCON, Circuit Judge:

The petition for rehearing is GRANTED. The opinion filed January 4, 1990 is withdrawn.

In West Coast Truck Lines, Inc. v. Weyerhaeuser, 893 F.2d 1016 (9th Cir. 1990), we determined that an unreasonable practices defense could be asserted to prevent application of the filed rate doctrine in an action to collect motor common carrier undercharges. Based upon this conclusion, we affirmed the district court’s order granting summary judgment in favor of Weyerhaeuser Co. and Marine Lumber Co.

In Maislin Industries v. Primary Steel, Inc., — U.S. -, 110 S.Ct. 2759, 111 L.Ed.2d 94 (1990), the Supreme Court concluded that an unreasonable practices defense cannot be asserted to prevent the application of the filed rate doctrine in an action to collect motor common carrier undercharges. Id. — U.S. at -, 110 S.Ct. at 2766-68. Maislin Industries controls our disposition of this case. Therefore, we vacate our earlier opinion in this case, reported at 893 F.2d 1016, reverse the district court’s order granting summary judgment to Weyerhaeuser Co. and Marine Lumber Co., 705 F.Supp. 513, and remand for further proceedings.

REVERSED AND REMANDED.

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