IN RE REA EXPRESS, INC., PRIVATE TREBLE DAM. ANTITR. LIT., 115.

Decision Date17 January 1975
Docket NumberNo. 115.,115.
Citation386 F. Supp. 1406
PartiesIn re REA EXPRESS, INC., PRIVATE TREBLE DAMAGE ANTITRUST LITIGATION. Chicago, Milwaukee, St. Paul & Pacific Railroad Co. v. REA Express, Inc. N.D. Illinois, Civil Action No. 74 C 1093.
CourtJudicial Panel on Multidistrict Litigation

Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III*, and STANLEY A. WEIGEL*, Judges of the Panel.

OPINION AND ORDER

PER CURIAM.

The Panel previously transferred all actions in this litigation to the Eastern District of Pennsylvania and, with the consent of that court, assigned them to the Honorable Edward R. Becker for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407.1 REA Express, Inc. moves the Panel for an order likewise transferring the above-captioned action to the Eastern District of Pennsylvania for inclusion in the proceedings pending there. Plaintiff Chicago, Milwaukee, St. Paul & Pacific Railroad Company and the bulk of the railroad defendants in the actions before the transferee court oppose transfer at this time and suggest that REA's motion be denied without prejudice to its renewal should the court in the Northern District of Illinois deny certain motions filed by plaintiff.

We find that this action involves questions of fact common to the actions previously transferred to the Eastern District of Pennsylvania and that its transfer to that district for coordinated or consolidated pretrial proceedings will best serve the convenience of parties and witnesses and promote the just and efficient conduct of the litigation.

This action was instituted in the Northern District of Illinois. Plaintiff alleges that REA failed to pay it for the interstate transportation of 209 empty railroad freight cars to Green Bay, Wisconsin. This non-payment stems from plaintiff's additional transportation charges to REA as a result of its recomputation of the tariff rates allegedly applicable. REA denies liability for the additional charges contending that it has made payment in accordance with the individually negotiated rate between it and plaintiff. REA has also asserted a counterclaim naming plaintiff as a member of the conspiracy alleged by REA in the actions in the transferee court. Plaintiff has filed motions in the Northern District of Illinois seeking dismissal of REA's counterclaim and an order striking its affirmative defense. Resolution of those motions has been stayed by the Illinois court pending the Panel's disposition of REA's request for Section 1407 transfer.

The opponents of transfer concede the existence of common questions of fact between REA's defense and counterclaim in the instant action and its claims of conspiracy in the transferee court. They argue, however, that the requested transfer should be denied at this time because a favorable ruling on plaintiff's motions by the court in the Northern...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT