Legal Opinion

The Coca-Cola Company v. The Atchison, Topeka, and Santa Fe Railway Company

Court of Appeals for the Fifth Circuit

Decided December 14, 1979No. 77-1610PublishedCited by 92 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

The Coca-Cola Company filed three substantially identical complaints in the district court against three different railroads 1 on August 27,1973, seeking refunds for freight charges paid on import shipments of coffee. The complaints asserted overcharges in violation of railroad tariffs. The district court, applying the doctrine of primary jurisdiction, 2 referred one action 3 to the Interstate Commerce Commission (ICC) for preliminary determination. The three cases were consolidated and stayed pending ICC decision. The ICC referred the matter to an administrative law…

2Cases cited27 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  3. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  4. International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
  5. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922

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3Cited by92 opinions

  1. Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
  2. Rosie Quarles v. Fred St. Clair, Individually and as Commissioner of the Mississippi State Department of Public WelfareCourt of Appeals for the Fifth Circuit · 1983
  3. Erco Industries Limited, a Corporation v. Seaboard Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1986
  5. Owsley v. San Antonio Independent School DistrictCourt of Appeals for the Fifth Circuit · 1999

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