Bartlett & Co., Grain v. Union Pacific Railroad

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

GIBSON, District Judge.

Bartlett and Company, Grain, plaintiff, moves for a preliminary injunction against defendant, Union Pacific Railroad Company, for its refusal to provide switching service from the Bartlett River Rail elevator to originating points of a number of line haul carriers for some 200 covered hopper cars leased by Bartlett. The motion is denied as the issues fall within the primary jurisdiction of the Interstate Commerce Commission, and Bartlett has failed to demonstrate that preliminary injunctive relief…