Legal Opinion
Bowman Transportation, Inc. v. Evergreen America Corp.
District Court, N.D. Georgia
Decided October 27, 1992No. 1:92-cv-1473-RHHPublished
1Opinion of the Court
ORDER
ROBERT H. HALL, District Judge.
This case is before the Court on Defendant’s Motion to Refer to the Interstate Commerce Commission and to Stay Proceedings in this Court. The Court GRANTS Defendant’s Motions.
BACKGROUND
Both Plaintiff (“Bowman”) and Defendant (“Evergreen”) are common carriers, as defined by the Interstate Commerce Act (“the Act”). Throughout 1989, Bowman provided transportation services to Evergreen on numerous occasions. In the parlance of the trade, Bowman was a “carrier”, and Evergreen was a “shipper”. As a carrier, Bowman is regulated by the Interstate Commerce…
2Cases cited11 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Mississippi Power & Light Company v. United Gas Pipe Line Company, State of Mississippi, Plaintiff-IntervenorCourt of Appeals for the Fifth Circuit · 1976
- Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990
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