Robert Hansen, D/B/A Hansen Trucking v. Norfolk and Western Railway Company

ESCHBACH, Circuit Judge.

The plaintiff in this action appeals from the district court’s dismissal, without prejudice, of his complaint that alleges various violations of the Revised Interstate Commerce Act, 49 U.S.C. §§ 10101-11916, and the antitrust laws. We are asked to decide whether the district court erred: (1) in determining that the Interstate Commerce Commission (ICC) has primary jurisdiction over this case, and (2) in dismissing, rather than staying, the plaintiff’s action. Noting jurisdiction under 28 U.S.C. § 1291, we affirm the district court’s determination that the ICC has…