Consolidated Freightways Corp. v. Coast Freightways, Inc.

AMENDED ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM

The motion of plaintiff and respondent Consolidated Freightways Corporation of Delaware (hereinafter “CF”) to dismiss came on regularly for hearing before the undersigned on January 13, 1986. The Court has considered the briefs and evidentiary materials supplied by both parties. Being informed on the premises, the Court now rules as follows:

I

INTRODUCTION

CF filed its Complaint seeking to recover freight charges arising from services per formed by it on behalf of defendant Coast Freightways, Inc. (hereinafter “Coast”). CF is a motor carrier operating in interstate commerce and the services for which it sought recompense were interstate movements of freight. Where, as here, a motor carrier operating in interstate commerce sues for its charges, its claim against a defendant arises under an Act of Congress regulating commerce, namely 49 U.S.C. § 10761 (a). Coast filed its Answer denying the essential allegations of the Complaint. It also filed a counter-claim which alleges that “this claim arises from a common carrier’s charges for interstate transportation of property____” The counter-claim further alleges that…