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Hewitt-Robins, Inc. v. Eastern Freight-Ways, Inc., 371 U.S. 84 (1962)

Hewitt-Robins, Incorporated v. Eastern Freight-Ways, Inc.

No. 37

Argued October 11, 1962

Decided November 19, 1962

371 U.S. 84


Petitioner brought a common law action in a Federal District Court against respondent, a common carrier by motor vehicle, to recover the difference between charges made by respondent at its established interstate rate and lower charges established by its intrastate rate on shipments from Buffalo, N.Y., to New York City. Petitioner alleged that it made the shipments without specifying the routes, and that respondent violated its duty by shipping the goods over its established interstate route at its higher rate, rather than over its established intrastate route at its lower rate. The Interstate Commerce Commission found that the practice was unreasonable.

Held: the complaint stated a cause of action upon which relief could be granted, and such right of action was saved by § 216(j) of the Motor Carrier Act. T.I.M.E. Inc. v. United States, 359 U. S. 464, distinguished. Pp. 371 U. S. 84-89.

293 F.2d 205, reversed.

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