Burlington Northern, Inc., a Delaware Corporation v. Weyerhaeuser Company, a Washington Corporation

Burlington Northern appeals from an order of the district court dismissing its action against Weyerhaeuser. It claims that Weyerhaeuser should have paid interstate tariff rates on certain rail shipments of logs transported between April 26, 1976, and December 31, 1978. These shipments took place entirely within Washington. Burlington Northern contends that it was actually the first leg of continuing transportation to the Orient in foreign commerce. The district court held that the shipments were intrastate and, therefore, Weyerhaeuser had paid the proper intrastate tariff rates. We affirm.

FACTS

Burlington Northern transported approximately 39,000 million board feet (MBF) of Weyerhaeuser logs, 3,749 rail carloads, during the subject period. These shipments originated at Weyerhaeuser’s inland sort yards throughout Washington and were destined for its Tacoma, Washington sort yard (TSY). Burlington Northern initially billed Weyerhaeuser at intrastate tariff rates. Later, upon learning that the Interstate Commerce Commission (ICC) was investigating the shipments, Burlington Northern rebilled Weyerhaeuser at the interstate tariff rates. Weyerhaeuser refused to pay the additional…