purpose of the Released Rates Order is to allow motor carriers which transport goods having immediate prior or subsequent air travel to have the same released rate liability as the air carriers involved in that traffic. See Attachment 8 to Joint Stipulation of Facts. According to FTL, once Congress deregulated air cargo on November 9, 1977, see 49 U.S.C. § 1388, the rationale for Released Rates Order MC-638 ceased to exist.
Although neither party has raised the point, I note mea sponte, that I lack jurisdiction to consider this issue. Congress has stated that "an order of the Commission remains in effect under its own terms or until suspended." 49 U.S.C. § 10324. Plaintiff's argument would clearly require me to suspend the Released Rates Order of the Commission, but, 28 U.S.C. § 2831(a) provides:
"Except as otherwise provided by an Act of Congress, a proceeding to enjoin, suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals. . . ."
"This statutory review procedure must be adhered to so long as the practical effect of a successful suit would contradict or countermand a Commission order." B.F. Goodrich Company v. Northwest Industries, Inc., 424 F.2d 1349, 1353-1354 (3d Cir. 1970). Accordingly, I lack jurisdiction to consider plaintiff's challenge to the continuing validity of the Released Rates Order.
In conclusion, Pinto has established that it is entitled by law to have its liability for damage to the jet engine limited to $ 2,079.50. Judgment in FTL's favor will be entered in that amount.
III. CONCLUSIONS OF LAW
1. Jurisdiction over this action is pursuant to 28 U.S.C. § 1337.
2. Defendant, Pinto Trucking Service, Inc., is responsible for the damage caused to the jet engine that it was transporting for plaintiff, Flying Tiger Line, Inc., on February 16, 1979. (Joint Stipulation of Facts 16)
3. Defendant effectively limited its liability to the sum of $ 2,079.50 which is the released rate value of the jet engine. 49 U.S.C. § 10730.
(a) The Interstate Commerce Commission authorized the use of released rate valuation for the transportation supplied by Pinto, and Pinto's tariffs so reflected.
(b) FTL assented to the released rate valuation assessed by Pinto.
4. Plaintiff is entitled to judgment in its favor against Pinto Trucking Service, Inc. in the amount of $ 2,079.50.
This 6th day of July, 1981, it is
ORDERED that judgment is entered in favor of plaintiff, Flying Tiger Line, Inc., and against defendant, Pinto Trucking Service, Inc., in the amount of Two Thousand Seventy-nine Dollars and Fifty Cents ($ 2,079.50).