Sun Oil Company v. Harry L. Martin

HUTCHESON, Circuit Judge.

This is an appeal from a judgment based on a carefully considered opinion1 of the district judge, dismissing the suit on the ground that the matter in controversy was one of which the Railroad Commission had primary jurisdiction and of which therefore the district court was without jurisdiction.

The question is exhaustively and well argued in the briefs of the parties, in a brief amicus curiae filed in this court, in the reply thereto, and also in the opinion of the district judge, and we are of the view that it would be to pile Pelion on Ossa for us to attempt further…