In Re United Parcel Service, Inc. (Ohio) United Parcel Service United Parcel Service of America
Docket: 88-3016
Court: Court of Appeals for the Sixth Circuit; February 24, 1988; Federal Appellate Court
United Parcel Service (UPS) petitioned for a writ of mandamus to direct the United States District Court for the Northern District of Ohio to vacate its January 7, 1988, injunction that prohibited UPS from enforcing a new tariff excluding the shipment of fireworks. UPS had filed this tariff with the Interstate Commerce Commission (ICC) on November 24, 1987, which was upheld by the ICC despite protests from fireworks manufacturers. The manufacturers sought the injunction, claiming irreparable harm, but the District Court expressed uncertainty about its jurisdiction yet granted the request to maintain the status quo pending ICC review. The Court of Appeals examined the jurisdictional issues and referenced the Supreme Court’s ruling in Arrow Transportation Co. v. Southern Railway, which established that Congress intended for the ICC to have exclusive power to suspend tariffs, thereby removing the courts' authority to grant injunctive relief in such cases. The fireworks manufacturers contended that Arrow did not apply to their case, arguing that it only dealt with tariff rates rather than services. However, the Court of Appeals disagreed, citing precedent that the ICC's exclusion of certain items from tariffs falls under its ratemaking authority, thus affirming the lack of jurisdiction for the District Court to issue the injunction. Ultimately, the Court of Appeals issued a writ of mandamus, mandating the District Court to vacate its injunction against UPS's new tariff, reaffirming the exclusive jurisdiction of the ICC over matters related to tariff suspensions.