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DELTA TRAFFIC SERVICE, INC. v. MENNEN CO.

Civ. No. 88-1737 (HLS).

730 F.Supp. 1309 (1990)

DELTA TRAFFIC SERVICE, INC., and Campbell 66 Express, Inc., Plaintiffs, v. The MENNEN COMPANY f/k/a Jerhard Mennen Chemical Co., Defendant.

United States District Court, D. New Jersey.

January 18, 1990.

Attorney(s) appearing for the Case

Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, P.C., Washington, D.C., for defendant.

Robert B. Walker, Sims, Walker & Sternfeld, P.C., Washington, D.C., for plaintiffs.

AMENDED OPINION

SAROKIN, District Judge.

On October 28, 1988, the court determined that the I.C.C. had primary jurisdiction to decide the validity of the tariff upon which plaintiffs' claim is based. The I.C.C. subsequently issued an order declaring that the disputed tariff constitutes an unreasonable practice under the Interstate Commerce Act. Now the parties, plaintiffs Delta Traffic Service ("Delta") and Campbell 66 Express, Inc. ("Campbell 66") and defendant...

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