ICC SEEKS HIGH COURT REVIEW OF RULING ON UNDERCHARGES

ICC SEEKS HIGH COURT REVIEW OF RULING ON UNDERCHARGES

The Interstate Commerce Commission asked the U.S. Supreme Court Tuesday to review a lower court ruling that the ICC exceeded its powers by rejecting a bankrupt trucker's bid to collect truck rate undercharges because the carrier failed to participate in a mileage guide included in its tariff.

The commission asked the court to overturn a federal appeals court ruling that Overland Express Inc., a bankrupt trucker, could recover undercharges

from one of its shippers, Jasper Wyman & Son, even if Overland didn't file a power of attorney allowing for its involvement in a mileage guide published by the Household Goods Carriers Bureau.Undercharges are the difference between the rate a bankruptcy trustee said should have been billed initially and the lower rate negotiated when the failed trucker was in business. It has been estimated that undercharge claims nationwide may total as much as $25 billion.