United States First Circuit

Plaintiff's damages claim, alleging that defendant had "wrongfully excluded competition" in rail service in violation of the Interstate Commerce Commission Termination Act, was properly dismissed; it was never presented to the Surface Transportation Board, which had primary jurisdiction.

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert M. Thomas, Jr., with whom Rory H. Delaneyand Thomas & Associates were on brief, for appellant.


• For Appellees:
  
• Eric L. Hirschhorn, with whom Robert B. Culliford and Winston & Strawn were on brief, for appellee.