Milne Truck Lines, Inc. v. Makita U.S.A., Inc.

970 F.2d 564 MILNE TRUCK LINES, INC. and Consolidated/Mark, a Joint Venture Between Consolidated International Stores Corp. and Mark Services, Inc., Plaintiffs-Appellees, v. MAKITA U.S.A., INC., Defendant-Appellant. No. 91-55059. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 3, 1991. Decided July 7, 1992. Mary Kay Reynolds, Kroll & Tract, Los Angeles, Cal., for defendant-appellant. Miles L. Kavaller, Beverly Hills, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Central District of California. Before BROWNING, BOOCHEVER, and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 The primary question presented by this case is whether in a suit brought by a motor common carrier under the Interstate Commerce Act for recovery of its filed rate the defendant shipper may plead unreasonableness of the filed rate as a defense. We conclude that the filed rate doctrine, as set forth in Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. 116 , 110 S.Ct. 2759 , 111 L.Ed.2d 94 (1990), does not bar such a defense, but that because the reasonableness of a motor common carrier filed rate falls within the primary…