Schumacher

On December 5, 1943, plaintiff, a corporation doing a large mail order business, filed an amended complaint against twenty defendants, some of whom are railroad carriers and others motor vehicle carriers, seeking damages due to a general stoppage of common carrier transportation to and from plaintiff’s place of business in Oakland, California, during the period from December 4, 1940 to July 26, 1941, alleged to have been caused and participated in concurrently by defendants, contrary to their obligations as common carriers.

To the amended complaint, the defendants (some collectively, others separately), except Highway Transport, Inc., which answered, interposed the following motions:

1. Motions to dismiss for failure to state a cause of action and on the ground that the cause falls exclusively within the jurisdiction of either the Interstate Commerce Commission or the California State Railroad Commission.

2. Alternative motions to stay proceedings pending an administrative determination of the matters complained of by either or both of the two Commissions.

3. Alternative motions to sever the cause of action as to each of the defendants.

4. Motions to strike certain portions…