Kenneth L. Fisher, Robert Wofford and Fred L. Fisher v. Fleming-Babcock, Inc.

MeMILLIAN, Circuit Judge.

Fleming-Babcock, Inc., an interstate motor common carrier, appeals from a final judgment entered in the District Court for the Western District of Missouri in favor of appellees, independent truck owner-operators, in an action brought by appellees to recover damages for appellant’s failure to comply with fuel surcharge orders of the Interstate Commerce Commission (ICC) and the State Corporation Commission of the State of Kansas (KCC). For reversal appellant argues that (1) the district court lacked subject matter jurisdiction under 28 U.S.C. § 1336(a) (1976), (2) the…