Mitchell Coal & Coke Co. v. Pennsylvania R. Co.

J. B. McPHERSON, District Judge.

The facts of this case will be found in 181 Fed., at page 403. Since the opinion there reported was filed, the Court of Appeals for the Third Circuit has disposed of the *909case referred to on page 410 — Morrisdale Coal Company v. Pennsylvania Railroad Co. (C. C.) 176 Fed. 748 — and has decided that:

“The Interstate Commerce Commission alone has original Jurisdiction to determine whether an existing rate schedule, or an existing regulation or practice affecting rates, or an existing regulation or practice of any other kind affecting matters sought to be regulated…