Interstate Commerce Commission v. All-American Inc. - United States Court of Appeals for the Seventh Circuit

Interstate Commerce Commission v. All-American Inc.

By United States Court of Appeals for the Seventh Circuit

  • Release Date - Published: 1974-11-04
  • Book Genre: Law
  • Author: United States Court of Appeals for the Seventh Circuit
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Interstate Commerce Commission v. All-American Inc. United States Court of Appeals for the Seventh Circuit read online review & book description:

FAIRCHILD, Circuit Judge. This action was instituted in the district court by the appellant Interstate Commerce Commission under 49 U.S.C. § 322 (b)(1),1 seeking to enjoin appellee All-American, Inc., a motor carrier engaged in the transportation of property in interstate or foreign commerce pursuant to certificates of public convenience and necessity issued by the Commission, from extending credit to shippers who it knows, or should know, will not pay its tariff charges within a seven day period from the date of presentation of the freight bill in violation of Section 223 of the Interstate Commerce Act (49 U.S.C. § 323) and Section 1322.1 of Title 49 of the Code of Federal Regulations.2 The Commission further sought to prevent All-American from providing credit until it had taken precautions sufficient to assure payment of its tariff charges within such seven day period as required by the regulation. All-American filed a motion to dismiss the Commission's amended complaint and the district court entered an order granting the motion. It is from that order that the Commission appeals. We reverse.

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