Decision 30695
Served (printed as 5/26/2000) · Decision · Entire Board
FOUND THAT, EVEN IF CSXT'S ASSESSMENT AND COLLECTION OF THE DISPUTED SURCHARGES HAD NOT BEEN FOUND TO CONSTITUTE AN UNREASONABLE PRACTICE, P&H WAS UNLAWFULLY ASSESSED, AND WOULD NOT BE OBLIGATED TO PAY, SURCHARGES ON THOSE SHIPMENTS THAT WERE ACCEPTED BY CSXT F.O.B. ORIGIN WHEN THE SECTION 7 NON-RECOURSE PROVISION OF THE BILL OF LADING WAS ENDORSED.
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