No. 82-1890.

727 F.2d 1391 (1984)

DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY and Grand Trunk Western Railroad Company, Plaintiffs-Appellees, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1984.

Attorney(s) appearing for the Case

Nancy S. Katz, Pepper, Hamilton & Scheetz, Detroit, Mich., Barbara Mather, argued, Philadelphia, Pa., Gary D. Bullock, Dinsmore & Shohl, Cincinnati, Ohio, Charles N. Marshall, Philadelphia, Pa., for defendant-appellant.

John C. Danielson, argued, Detroit, Mich., for plaintiffs-appellees.

Before LIVELY, Chief Judge, and MERRITT and JONES, Circuit Judges.

LIVELY, Chief Judge.

The important question presented by this appeal is one of jurisdiction: Does the Interstate Commerce Commission (ICC or Commission) have primary jurisdiction over an effort by a rail carrier to be relieved of the terms of a contract with a second rail carrier which established joint rates for joint routes? The district court determined that it was not required to defer to the ICC, "in what is basically a contract dispute."


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