Farley Terminal Company, Inc. v. The Atchison, Topeka and Santa Fe Railway Company, Harold Willinger, Doing Business as Assembly Consolidators, Plaintiff v. The Atchison, Topeka and Santa Fe Railway Company

522 F.2d 1095 FARLEY TERMINAL COMPANY, INC., Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee. Harold WILLINGER, doing business as Assembly Consolidators, Plaintiff- Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee. Nos. 74-1872, 74-2410. United States Court of Appeals, Ninth Circuit. July 9, 1975. Ira G. Megdal, Washington, D. C., Eric K. Lewis, Fullerton, Cal., for plaintiffs-appellants. John J. Balluff, Los Angeles, Cal., for defendant-appellee. OPINION Before KOELSCH and GOODWIN, Circuit Judges, and WOLLENBERG, * District Judge. PER CURIAM: 1 In these separate but related actions for damages for breach of contract, Farley Terminal Co., Inc., and Harold Willinger, lessees of TOFC (trailer-on-flatcar) or "piggyback" service equipment under separate but substantially identical lease agreements with the Atchison, Topeka and Santa Fe Railway Company (the Santa Fe), appeal from the district court's granting of summary judgments in favor of the lessor railway. The question presented is whether the Santa Fe's filing of a rate tariff as required by the Interstate Commerce Commission (ICC) which tariff, when…