Armour & Co. v. Alton R. Co., 312 U.S. 195 (1941)

Armour & Company v. Alton Railroad Co.

No. 293

Argued January 14, 1941
Decided February 3, 1941
312 U.S. 195

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

Upon the basis of the allegations of a complaint filed in the District Court in this case, wherein a packer seeks to compel railroad companies to deliver shipments of livestock at such a location and in such manner that it need not pay a "yardage charge" to a stockyard company (contrary to a custom of long standing), held that, as determination of many complex transportation problems was prerequisite to a decision, the cause was within the primary jurisdiction of the Interstate Commerce Commission, and the complaint was properly dismissed. Pp. 200, 202.

111 F.2d 913 affirmed.

Certiorari, 311 U.S. 627, to review the affirmance of a judgment dismissing a bill of complaint, 27 F.Supp. 625.