State of Texas v. United States of America, and Interstate Commerce Commission

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Interstate Commerce Commission seeks a preliminary injunction to stay certain proceedings in a Texas state court. According to the Commission, the state proceeding concerns claims identical to those pending before this court in an appeal from a declaratory ruling made by the Commission. Convinced that the state court proceeding poses no serious threat to our jurisdiction to hear the administrative appeal, we deny the motion.

I

The State of Texas has appealed directly from an order of the ICC determining that certain truck shipments made by Reeves…