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HANSEN v. NORFOLK & WESTERN RY. CO.

No. 81-3004.

689 F.2d 707 (1982)

Robert HANSEN, d/b/a Hansen Trucking, Plaintiff-Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 1982.

Attorney(s) appearing for the Case

Gregory A. Young, Watson & Rochford, Indianapolis, Ind., for plaintiff-appellant.

John L. Ropiequet, Arnstein, Gluck & Lehr, Chicago, Ill., James V. McGlone, Stewart, Branigin, Ricks & Schilling, LaFayette, Ind., for defendants-appellees.

Before BAUER and ESCHBACH, Circuit Judges, and JAMESON, Senior District Judge.

ESCHBACH, Circuit Judge.

The plaintiff in this action appeals from the district court's dismissal, without prejudice, of his complaint that alleges various violations of the Revised Interstate Commerce Act, 49 U.S.C. §§ 10101-11916, and the antitrust laws. We are asked to decide whether the district court erred: (1) in determining that the Interstate Commerce Commission (ICC) has primary jurisdiction over this case...

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