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FEDERAL EXP. v. TENNESSEE PUBLIC SERVICE COM'N

No. 90-5596.

925 F.2d 962 (1991)

FEDERAL EXPRESS CORPORATION, Plaintiff-Appellant, v. TENNESSEE PUBLIC SERVICE COMMISSION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1991.

Attorney(s) appearing for the Case

William R. Willis, Jr., Marian F. Harrison (argued), Willis & Knight, Nashville, Tenn., for plaintiff-appellant.

Henry M. Walker (argued), Tennessee Public Service Com'n, Nashville, for defendant-appellee.

Before KEITH and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiff-appellant Federal Express Corporation appeals the judgment of the district court dismissing on grounds of abstention its action seeking a declaration that the Tennessee Motor Carrier Act, Tennessee Code Annotated § 65-15-101 et seq., is expressly preempted by the Airline Deregulation Act of 1978, 49 U.S.C.App. § 1305, and impliedly preempted by the commerce clause, 738 F.Supp. 1140

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