Unpublished Disposition, 909 F.2d 1488 (9th Cir. 1990)

No. 89-15285.

United States Court of Appeals, Ninth Circuit.

Before HUG and SCHROEDER, Circuit Judges, von der HEYDT,^*  District Judge.

MEMORANDUM^*

Delta Traffic Service, Inc. ("Delta"), the assignee of Transpo International, Inc. ("Transpo"), seeks to recover undercharges and prejudgment interest from Howlett Olsen Egg Co. ("Howlett"). After a bench trial, the district court denied Delta's request. Delta now appeals. We affirm.

Under Transpo's published tariff, a customer may only receive the benefit of a full-load rate if a "bill of lading or shipping order" was issued. Commodity Tariff ICC TPOI 200-A, Item 1025. We agree with the district court's reasoning and find that Howlett's telephone call to Transpo constituted a single shipping order.

Delta maintains that an oral shipping order was precluded by the terms of the tariff. However, Delta does not refer to an express provision in the tariff requiring a writing at the time the shipping order was made.¹  Howlett's order contained the points at which the shipment was to be stopped, a complete description of the kind and quantity of the freight, and the name and address of the recipient. This information is all that was required under the terms of the tariff. See Commodity Tariff ICC TPOI 200-A(B), Item 1025. Because a single shipping order was issued, Howlett was entitled to the full-load rate. See Commodity Tariff ICC TPOI 200-A, Item 1025.

The district court properly rejected Delta's request for undercharges and its judgment is AFFIRMED.