Observer Transportation Co. v. Service Merchandise Co.

ORDER

ROBERT D. POTTER, Chief Judge.

PRELIMINARY STATEMENT

THIS MATTER is before the Court on Defendant’s Motion to Stay Proceeding and to Refer Issues to the Interstate Commerce Commission (“ICC”), filed September 24, 1987. Defendant contends that the facts underlying Plaintiff’s claims require referral of this case to the ICC, under the doctrine of primary jurisdiction, for a preliminary determination on the reasonableness of Plaintiff’s claims. Specifically, Defendant asserts that the ICC should be called upon to evaluate the circumstances surrounding Plaintiff’s claims and to render an…