Legal Opinion

Elgin Coal Co. v. Louisville & Nashville Railroad

District Court, E.D. Tennessee

Decided November 28, 1967No. Civ. A. No. 5065PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM

WILSON, District Judge.

This is an action brought under Part I of the Interstate Commerce Act (49 U.S.C. § 1 et seq.) wherein plaintiff seeks a mandatory injunction to require the defendant to provide certain railroad service beyond the service which plaintiff presently receives from defendant. The case is before the Court upon the plaintiff’s motion for a temporary restraining order. However, a jurisdictional issue is immediately presented by the invocation by defendant of the doctrine of primary jurisdiction.

The complaint simply states that the defendant railroad has failed and…

2Cases cited9 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  3. Mitchell Coal & Coke Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
  4. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
  5. Pennsylvania Railroad v. Clark Bros. Coal Mining Co.Supreme Court of the United States · 1915

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
  2. Elgin Coal Company v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Sixth Circuit · 1969
  3. Bartlett & Co., Grain v. Union Pacific RailroadDistrict Court, W.D. Missouri · 1981
  4. Louis Goldberg, et al. v. Lukas Kaczmarek, et al.District Court, D. Maryland · 2025

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