Federal Express Corp. v. Tennessee Public Service Commission

MEMORANDUM

WISEMAN, Chief Judge,

This matter is before the Court on remand from the Sixth Circuit Court of Appeals. The Sixth Circuit reversed this court’s holding that it did not have subject matter jurisdiction to determine the merits of Federal Express’ claim. See Federal Express Corp. v. Tennessee Public Service Comm’n, 693 F.Supp. 598 (M.D.Tenn.1988), aff'd 878 F.2d 381 (6th Cir.1989) (table), rev’d on petition for rehearing, No. 88-5974, Slip op. (6th Cir. 10/6/89). In remanding, the Sixth Circuit instructed this court to consider the question of abstention in view of CSXT, Inc. v. Pitz,…