Hall

In this mandamus proceeding, CMAX, Inc., seeks to vacate a district court order postponing the trial of petitioner’s action against Drewry Photocolor Corporation.

CMAX is an air freight forwarder (indirect air carrier) operating under Civil Aeronautics Board authority and regulations. 1 On December 15, 1959, it instituted an action against Drewry in the United States District Court for the Southern District of California, Central Division. It was alleged in the complaint that between January, 1955 and February, 1957, CMAX had received certain shipments from Drewry, that the proper charges under plaintiff’s tariffs for the service rendered with regard to these shipments was $28,781.85, but that only $16,085.76 had been received. CMAX sought to recover the difference of $12,-696.09, invoking district court jurisdiction under 28 U.S.C. § 1337 and 49 U.S. C.A. § 1373.

Drewry answered, setting up certain defenses. Plaintiff and defendant moved for summary judgment but both motions were denied. Pretrial proceedings were then had. CMAX answered all requests for admissions and all interrogatories submitted and propounded by Drewry. On May 1, 1961, the district court signed a pretrial…