CARTER v. AMERICAN TELEPHONE & TELEGRAPH COMPANY

Nos. 23556, 23557.

365 F.2d 486 (1966)

Thomas F. CARTER and Carter Electronics Corporation, Appellants, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY et al., Appellees. Thomas F. CARTER and Carter Electronics Corporation, Appellants, v. Honorable Joe E. ESTES, Chief Judge, United States District Court, Northern District of Texas, et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 17, 1966.


Attorney(s) appearing for the Case

Ray Besing, Ray Pearce, William Van-Dercreek, Bill Brice, Geary, Brice & Lewis, Dallas, Tex., for appellants.

Leroy Jeffers, Houston, Tex., Frank M. Ryburn, Jr., H. W. Strasburger, H. Sam Davis, Jr., Burford, Ryburn & Ford, Dallas, Tex., for appellees.

Before BROWN and COLEMAN, Circuit Judges, and DAWKINS, District Judge.


JOHN R. BROWN, Circuit Judge:

At issue here is whether a District Court in a private antitrust action for triple damages and injunctive relief should invoke the doctrine of primary jurisdiction to refer a question of tariff validity to the regulatory agency. It comes to us from a denial of a preliminary injunction. We agree with the District Court's primary jurisdiction reference to the Federal Communications Commission and affirm.

I.

At the outset...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases