Elgin Coal Company v. Louisville & Nashville Railroad Company

McCREE, Circuit Judge.

This is an appeal from an order of the District Court dismissing appellant’s suit because it had not previously applied to the Interstate Commerce Commission for relief. The only question presented is whether under the doctrine of primary jurisdiction such application is a prerequisite to the maintenance of this action in the District Court.

The facts as found by the District Judge are adopted. 1 Appellant is engaged in the business of marketing coal and maintains a tipple near Whitwell, Tennessee. Appellee is a railroad subject to the Interstate Commerce Act and…