MODARELLI, District Judge.
This is an action brought by Theobald Industries, a shipper, against Delaware, Lackawanna and Western Railroad Corporation, a carrier, under the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq. The question presented is whether this court has primary jurisdiction in an action based on a carrier's alleged excessive freight charges where at the time of the shipments there was no applicable published through commodity rate, the carrier...
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