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COCA-COLA CO. v. ATCHISON, T. & S. F. RY. CO.

No. 77-1610.

608 F.2d 213 (1979)

The COCA-COLA COMPANY, Plaintiff-Appellant, v. The ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 14, 1979.

Attorney(s) appearing for the Case

Joe G. Fender, Houston, Tex., for plaintiff-appellant.

James L. Ware, Galveston, Tex., for Atchison, Etc.

Alan J. Thiemann, Atty., I.C.C., Jerome Nelson, Washington, D.C., James R. Gough, Asst. U.S. Atty., Houston, Tex., for U.S.A. and I.C.C.

Before SIMPSON, TJOFLAT and HILL, Circuit Judges.

SIMPSON, Circuit Judge:

The Coca-Cola Company filed three substantially identical complaints in the district court against three different railroads1 on August 27, 1973, seeking refunds for freight charges paid on import shipments of coffee. The complaints asserted overcharges in violation of railroad tariffs. The district court, applying the doctrine of primary jurisdiction,2 referred one action

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