Occidental Chemical Corp. v. Louisiana Public Service Commission

W. EUGENE DAVIS, Circuit Judge:

The question presented in this appeal is whether the district court abused its discretion when it entered an order indefinitely staying this proceeding to allow the Federal Energy Regulatory Com mission (“FERC”) to act on an administrative complaint filed by Plaintiff-Appellant Occidental Chemical Corporation (“Occidental”) against a non-party to this action, which largely concerns the same issues. The district court based its order on the primary jurisdiction doctrine, which is essentially a form of abstention. Under this doctrine, a district court with subject…