West Coast Truck Lines, Inc., an Oregon Corporation v. Arcata Community Recycling Center, Inc., a California Corporation, Defendant

The district court granted summary judgment for appellee Areata Community Recycling Center, Inc. (the Areata Recycling Center). The court held that rates for the transportation of recyclable materials need not be published in a motor carrier’s tariff pursuant to section 10733 of the Interstate Commerce Act. 49 U.S.C. § 10733 (1982). West Coast Truck Lines, Inc. (West Coast) appeals, contending that the district court misconstrued section 10733. We affirm.

I

BACKGROUND

A. Statutory Background

The Interstate Commerce Act, 49 U.S.C. §§ 10101-11917 (1982 & Supp. Ill 1985), places several limitations on motor common carriers to ensure that they do not favor some customers and discriminate against others. First, carriers are required to file their transportation rates with the Interstate Commerce Commission (ICC) in the form of a tariff. 49 U.S.C. § 10762 (a)(1) (1982). Second, carriers are prohibited from transporting materials at rates other than their tariff rates. Id. § 10761(a). Third, carriers are commanded to treat like customers alike. See id. § 10741 (carriers discriminate when they provide similar services for different compensation).

To promote compliance with the above…