Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd.,
460 U.S. 533 (1983)

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U.S. Supreme Court

Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 460 U.S. 533 (1983)

Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd.

No. 82-713

Decided March 28, 1983

460 U.S. 533


Held: Federal question jurisdiction under 28 U.S.C. § 1337 exists over petitioner common carrier's action in Federal District Court, where petitioner alleged that respondent failed to pay a specified amount in motor freight charges, as required by petitioner's tariffs on file with the Interstate Commerce Commission, and that the action arose under the Interstate Commerce Act. Louisville & Nashville R. Co. v. Rice, 247 U. S. 201, is controlling. Petitioner's suit cannot be characterized as a "simple contract-collection action." A carrier's claim is, of necessity, predicated on its tariffs regulated by the Interstate Commerce Act -- not an understanding with the shipper.

Certiorari granted; 682 F.2d 811, reversed and remanded.

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