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HANNA MINING CO. v. ESCANABA & L. S. R. CO.

No. 80-1681.

664 F.2d 594 (1981)

The HANNA MINING COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. The ESCANABA AND LAKE SUPERIOR RAILROAD COMPANY, a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1981.

Rehearing and Rehearing Denied March 8, 1982.

Attorney(s) appearing for the Case

John K. Maser, III, Nicholas J. DiMichael, Donelan, Cleary, Wood & Maser, Washington, D. C., Michael B. Staebler, David K. McDonnell, Barris, Sott, Denn & Driker, Detroit, Mich., for plaintiff-appellant.

John H. Spellman, Hamel, Park, McCabe & Saunders, John Caldwell, Denise M. O'Brien, Washington, D. C., for defendant-appellee.

Before ENGEL and JONES, Circuit Judges and BERTELSMAN, District Judge.

Rehearing and Rehearing En Banc Denied March 8, 1982.

ENGEL, Circuit Judge.

The underlying issue in this appeal is the extent to which, if any, rate-setting agreements between a carrier and a shipper, entered into prior to October 1, 1980, are to be enforced in either state or federal court. Resolving this question requires this court to discuss the jurisdiction and authority of the Interstate Commerce Commission and the courts, both before and after the enactment...

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