ELGIN COAL CO. v. LOUISVILLE & NASHVILLE RAILROAD CO.

No. 18418.

411 F.2d 1043 (1969)

ELGIN COAL COMPANY, Plaintiff-Appellant, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 13, 1969.


Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., William M. Ables, Jr., South Pittsburg, Tenn., on brief, for appellant.

W. D. Spears, Chattanooga, Tenn., H. G. Breetz, R. W. Henriott, Louisville, Ky., on brief, for appellee.

Before PHILLIPS, EDWARDS, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from an order of the District Court dismissing appellant's suit because it had not previously applied to the Interstate Commerce Commission for relief. The only question presented is whether under the doctrine of primary jurisdiction such application is a prerequisite to the maintenance of this action in the District Court.

The facts as found by the District Judge are adopted.1 Appellant...

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