Decision 20389
Served (printed as 1/21/1999) · Decision · Entire Board
(1) FOUND THAT THE UNDERCHARGE CLAIMS ASSESSED AGAINST TEMPLE-EASTEX BY WESTERN, ARE NOT SUPPORTED BY THE TERMS OF THE TARIFF RELIED UPON BY WESTERN; (2) CONCLUDED THAT WESTERN WAS NOT A COMMON CARRIER PARTICIPANT IN THE RELIED-UPON MILEAGE GUIDE TARIFF AT THE TIME THE SHIPMENTS AT ISSUE MOVED AND THAT WESTERN'S TARIFF RATES ARE VOID-FOR-NONPARTICIPATION; AND (3) CONCLUDED THAT WESTERN'S UNDERCHARGE CLAIMS ARE BARRED BY SECTION 2(E) OF THE NRA.
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