The following excerpt is from Industrial Communications Systems, Inc. v. Pacific Tel. & Tel. Co., 505 F.2d 152 (9th Cir. 1974):
Where, as here, a regulatory agency possesses such extensive authority and control over a particular subject matter, and where consideration of the same subject matter is sought before that agency and the courts, the possibility of a judicial-administrative conflict should be avoided. Carter v. American Tel. & Tel. Co., 365 F.2d 486, 495 (5 Cir. 1966), cert. denied 385 U.S. 1008, 87 S.Ct. 714, 17 L.Ed.2d 546 (1967) ('the occasion for facing such a possibility ought not to be forced until it is inescapably necessary').
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