ALLIED AIR FREIGHT, INC. v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 126, Docket 31043.

393 F.2d 441 (1968)

ALLIED AIR FREIGHT, INC., Plaintiff, and Allied Air Freight International Corp., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 25, 1968.


Attorney(s) appearing for the Case

Milton Horowitz, New York City, for plaintiff-appellant.

Fowler Hamilton, New York City (Cleary, Gottlieb, Steen & Hamilton, New York City and George Weisz, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, KAUFMAN and FEINBERG, Circuit Judges.


LUMBARD, Chief Judge:

The question which appellant seeks to raise is whether or not the district court erred in applying the doctrine of primary jurisdiction to plaintiffs' civil antitrust suit and staying the action until plaintiffs exhausted available administrative remedies before the Civil Aeronautics Board. Before reaching this question, we must clear away considerable procedural underbrush, the net result being that...

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