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B. F. GOODRICH COMPANY v. NORTHWEST INDUSTRIES, INC.

No. 18191.

424 F.2d 1349 (1970)

The B. F. GOODRICH COMPANY v. NORTHWEST INDUSTRIES, INC., and Interstate Commerce Commission, the B. F. Goodrich Company, a corporation of the State of New York, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 14, 1970.

Attorney(s) appearing for the Case

Morton Moskin, White & Case, New York City, for appellant.

Robert G. Seaks, Wheeler & Wheeler, Washington, D. C., for appellee, Northwest Industries.

Jerome Nelson, I.C.C., Washington, D. C., for Interstate Commerce Commission.

Before SEITZ, VAN DUSEN, and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The primary issue in this case is whether a corporation whose stock is sought by a company under the jurisdiction of the Interstate Commerce Commission (Commission) may institute a private action to enjoin an alleged violation of § 5 of the Interstate Commerce Act (Act), or whether it must pursue its prior complaint before the Commission and then if dissatisfied appeal the decision of the Commission to a three...

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