Legal Opinion
Carter v. American Telephone & Telegraph Co.
Court of Appeals for the Fifth Circuit
Decided August 17, 1966No. Nos. 23556, 23557PublishedCited by 39 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
At issue here is whether a District Court in a private antitrust action for triple damages and injunctive relief should invoke the doctrine of primary jurisdiction to refer a question of tariff validity to the regulatory agency. It comes to us from a denial of a preliminary injunction. We agree with the District Court’s primary jurisdiction reference to the Federal Communications Commission and affirm.
I
At the outset we conclude that we have jurisdiction of the appeal under 28 U.S.C.A. § 1292(a) (1) as a denial of a preliminary injunction and the Telephone…
2Cases cited48 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- United States v. Philadelphia National BankSupreme Court of the United States · 1963
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Associated Press v. United StatesSupreme Court of the United States · 1945
43 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Geisser v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- American Telephone & Telegraph Co. v. New York City Human Resources AdministrationDistrict Court, S.D. New York · 1993
- Mazzola v. Southern New England Telephone Co.Supreme Court of Connecticut · 1975
- United Gas Pipe Line Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1987
- International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Zantop Air Transport Corp.Court of Appeals for the Sixth Circuit · 1968
34 more not listed; retrieve them via the Exa API.