West Coast Truck Lines, Inc., and Delta Traffic Service, Inc. v. Weyerhaeuser Co. Marine Lumber Co.

Delta Traffic Service, Inc. (Delta) appeals from the district court’s order granting summary judgment in favor of Weyerhaeu-ser Co. (Weyerhaeuser) and Marine Lumber Co. (Marine). Delta instituted an action to collect interstate motor common carrier freight undercharges. The alleged undercharges represent the difference between West Coast Truck Lines, Inc.’s (West Coast) published rate on file with the Interstate Commerce Commission (ICC) and the rate negotiated, billed and collected from Weyerhaeuser and Marine.

On referral from the district court pursuant to 28 U.S.C. § 1336 (b), the ICC determined that West Coast and Delta’s attempt to recover the filed rate constituted an unreasonable practice under 49 U.S.C. § 10701 (a) and provided a defense to their claim against Weyerhaeuser and Marine for the collection of undercharges. The district court reviewed the ICC’s decision under the Administrative Procedure Act, 5 U.S.C. § 706 and accepted and applied the ICC’s finding that West Coast’s attempt to collect the undercharges was an unreasonable practice barring any recovery in this action.

We must decide whether the district court erred in accepting as a correct interpretation of…