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TAYLOR COUNTY SAND CO. v. SEABOARD COAST LINE R. CO.

No. 71-1638 Summary Calendar.

446 F.2d 853 (1971)

TAYLOR COUNTY SAND COMPANY, Incorporated, Plaintiff-Appellant, v. SEABOARD COAST LINE RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1971.

Attorney(s) appearing for the Case

Denmark Groover, Jr., W. Thomas Griffith, Byrd, Groover & Buford, Macon, Ga., for plaintiff-appellant.

W. H. Young, Jr., Young, Thompson, Redmond & Young, Columbus, Ga., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

On this appeal we need only decide whether the District Court properly invoked the doctrine of primary jurisdiction in refusing to consider a discrimination complaint prior to its submission to the Interstate Commerce Commission.

Taylor County Sand Company (Shipper) sued Seaboard (Carrier) in a Georgia court for damages and injunctive relief, alleging that railroad cars previously promised to Shipper had been discriminatorily diverted...

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