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DELTA TRAFFIC SERVICE v. KNIGHT-RIDDER NEWSPAPER

Civ. A. No. 1:87-CV-2271-JOF.

691 F.Supp. 339 (1988)

DELTA TRAFFIC SERVICE, INC., Assignee of Claxton Transport, Inc., Plaintiff, v. KNIGHT-RIDDER NEWSPAPER SALES, INC.; Media General Broadcast Service, Inc.; Cox Enterprises, Inc., d/b/a Southeast Paper Manufacturing Co.; KR Newsprint Company; Virginia Paper Manufacturing Corp.; CEI Newsprint, Inc.; Southeast Paper Manufacturing Co., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

April 12, 1988.

Attorney(s) appearing for the Case

Arthur B. Seymour, Atlanta, Ga., for plaintiff.

William A. Clineburg, Jr., Steven Samuel Griffin, King & Spalding, Atlanta, Ga., for defendants.

ORDER

FORRESTER, District Judge.

This action is before the court on the defendants' motion to refer to the Interstate Commerce Commission and to stay the proceedings in this court. The motion presents the issue whether this court is constrained to apply the "filed rate" doctrine or may refer to the ICC for a determination on the applicability of an equitable defense. For the reasons discussed below, the court will grant the defendants' motion to refer and...

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