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OBSERVER TRANSP. CO. v. SERVICE MERCHANDISE CO.

No. C-C-87-196-P.

685 F.Supp. 120 (1988)

OBSERVER TRANSPORTATION COMPANY, Plaintiff, v. SERVICE MERCHANDISE COMPANY, INC., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

May 16, 1988.

Attorney(s) appearing for the Case

William P. Farthing, Jr., Margaret Whiteside Smith, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., for plaintiff.

Mark W. Merritt, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., for defendant.

ORDER

ROBERT D. POTTER, Chief Judge.

PRELIMINARY STATEMENT

THIS MATTER is before the Court on Defendant's Motion to Stay Proceeding and to Refer Issues to the Interstate Commerce Commission ("ICC"), filed September 24, 1987. Defendant contends that the facts underlying Plaintiff's claims require referral of this case to the ICC, under the doctrine of primary jurisdiction, for a preliminary determination on the reasonableness of Plaintiff's claims...

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