Whitam v. Chicago, R. I. & P. RY. Co.

WILSON, District Judge.

Whitam filed this suit in the State district court of Dalhart, Texas. Defendants, the Railroads, removed it to this Court. In due time they also filed a motion to dismiss, on the ground that the State court had no jurisdiction to try the suit, and consequently, this Court had none; that it is an administrative matter and that primary jurisdiction is with the Interstate Commerce Commission and not with the courts. That motion only is being considered here.

Whitam during the war, for Government construction, shipped concrete materials, sand, gravel and crushed stone, via…