Interstate Commerce Commission v. Transcon Lines, a Corporation Leonard L. Gumport, Chapter 7 Trustee

ORDER

The Interstate Commerce Commission (the “ICC”) sued Transcon Lines (“Trans-con”) and its bankruptcy trustee, Leonard Gumport (the “Trustee”), to enjoin the Trustee from collecting filed freight charges. The ICC contended that the collection would violate its credit regulations. The district court granted summary judgment to the Trustee, and the ICC appealed. We affirmed in part, vacated in part, and remanded. See ICC v. Transcon Lines, 990 F.2d 1503 (9th Cir.1993) (“Transcon”). Both the ICC and the Trustee then petitioned the Supreme Court for certiorari. The Trustee’s petition was denied, the ICC’s granted.

In a summary reconsideration order issued June 14, 1993, — U.S.-, 113 S.Ct. 2955 , 125 L.Ed.2d 657 the Supreme Court vacated the portion of this court’s opinion that affirmed the district court, and remanded the cause for further consideration in light of Reiter v. Cooper, — U.S. —, 113 S.Ct. 1213 , 122 L.Ed.2d 604 (1993). We now consider the effect of Reiter on our previous opinion.

Reiter held that a shipper may assert “claims and defenses that are specifically accorded by the [Interstate Commerce Act (“ICA”) ] itself’ even though it may not raise common law claims…