United States Ninth Circuit

In a case involving contract claims arising from the parties' agreement for the transportation of industrial metal-stamping presses and press components, summary judgment for defendant is affirmed in part and reversed in part where: 1) there was no merit to a contention that the Interstate Commerce Commission Termination Act's (ICCTA) time limitation period applies only when a carrier seeks to recover charges owed under a filed tariff; 2) such limitations period barred two claims on the facts of the case; but 3) material questions of fact regarding the nature and scope of the parties' agreement remained in dispute, for purposes of another claim asserting an independent breach of contract.

Appellate Information

• Argued 07/12/2007
• Decided 08/13/2007
• Published 08/13/2007

Judges

• GOODWIN, Senior Circuit Judge:, Before:  ALFRED T. GOODWIN, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffry S. Garrett, Vicki L. Smith, Lane Powell PC, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Frederick R. Damm, Clark Hill PLC, Detroit, MI, for the defendant-appellee.