· 10/22/1974
Interstate Commerce Commission, and Ethan Allen, Inc., Intervenors v. Maine Central Railroad Company
Citations
- 505 F.2d 590
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \[T]he very institution of suit in the courts by the relevant administrative body represents an exercise of its 'special competence.'\
- doctrine of primary jurisdiction applies where a claim is originally cognizable in the courts, and comes into play when resolution of the issues under regulatory scheme requires the special competence of an administrative body
- “[Primary jurisdiction] doctrine can have no application where, as here, the very institution of suit in the courts by the relevant administrative body represents an exercise of its ‘special competence.’”
- “[T]he very institution of suit in the courts by the applying the doctrine[.]” United States v. Western Pacific. R. relevant administrative body represents an exercise of its Co., 352 U.S. 59, 64 (1956)
- Where the line’s major shipper, Ethan Allen, Inc., offered to contribute the costs of restoration of a branch line in a similar context. The district court enjoined the abandonment, but in doing so ordered the shipper to pay $52,000 as full restoration costs.
Source: CourtListener parenthetical corpus (CC0).
Judges: Hays, Anderson, Mansfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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