Pioneer answered and asserted two defenses: (1) that the complaint failed to state a claim upon which relief could be granted, and (2) that the action was barred by the doctrine of res judicata. 4, ¶¶ 5, 6 & 7.) Second, for some unidentified shipments *253 Pioneer miscalculated the transportation charges to points not specifically named in Item 1000 because it failed to apply the mileage distance required by the HGCB Mileage Guide and the one example cited is an unidentified shipment from Detroit to Elmira, New York, resulting in an alleged overcharge of $49.14. First, Pioneer's transportation charges calculated by its published Schedule for transporting numerous shipments to the 49 specifically named cities were "excessive" and "inflated" because the prescribed miles in the Schedule for those 49 cities "exceeded" the number of miles shown in the HGCB Mileage Guide for those cities. 4, ¶¶ 4, 5 & Ex.)įor the period Januto October 28, 1981, the amended complaint asserts the following two claims. 11 ("HGCB Mileage Guide") as required by Item 100 of the Schedule for all other unspecified points in the United States. 4, ¶ 4 & Ex.) The charges set forth in Pioneer's published Schedule were to be calculated on a prescribed mileage rate of $1.17 per mile multiplied by either (a) the number of miles shown in Item 1000 of the Schedule for 49 specifically named cities or (b) by the number of miles set forth in the Household Goods Carriers' Bureau, Mileage Guide No. thereto.) As a contract carrier, Pioneer was required and did file, publish, and maintain a Schedule ("Schedule") with the ICC showing its actual rates and charges for the transportation services rendered to Faygo under the continuing contract. 4, ¶ 2.) One of Pioneer's ICC Permits authorizes it to serve Faygo under a continuing contract to transport carbonated beverages, materials and supplies between Detroit, Michigan and various points in the United States.
4) may be summarized in pertinent part as follows: Pioneer is a contract motor carrier conducting operations in interstate commerce pursuant to a Contract Carrier Permit issued by the Interstate Commerce Commission ("ICC") in Docket No. (Docket Item 4.) The amended complaint (D.I. ("Pioneer") for the transportation of Faygo's carbonated beverages to various destinations in the United States from Faygo's plant at Detroit, Michigan. ("Faygo") seeks to recover the sum of $15,473.76 which it previously paid to Pioneer Trucking, Inc. In this diversity action Faygo Beverages, Inc. Beck of Richards, Layton & Finger, Wilmington, Del., and Rex Eames of Eames, Wilcox, Mastej & Bryant, Detroit, Mich., of counsel, for defendant and counter-plaintiff. Zyblut of Washington, D.C., of counsel, for plaintiff and counter-defendant.Įdmund N. Chirlin of Young, Conaway, Stargatt & Taylor, Wilmington, Del., and Chester A. PIONEER TRUCKING, INC., Defendant and Counter-Plaintiff. Is your company listed as providing intermodal services?Īdvertise company in the Intermodal Directory and get access to Equipment Matching for $600/year.FAYGO BEVERAGES, INC., Plaintiff and Counter-Defendant, NO AVAILABLE EQUIPMENT NOR POWER CURRENTLY POSTED Parking Space= yes (10 acre, security officer, video surveillance)ĪDD TO MY: Approved/Vetted - Banned LIST login in to use this function Total Inspections: login to view (two years prior ) Day Cabs: yes Please login to view Cargo Liability amount
SCAC="PTPW" TruckerMC# 197249 USDOT# 514795 CSA= Safety Rating Trans loading/Warehousing Services offered. Intermodal drayage via Savannah, GA to all 48 states. Melinda Schuman - Agency Owner - ext: xxx
0 kommentar(er)
