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NEW YORK CENT. R. CO. v. UNITED STATES

No. 640.

13 F.2d 200 (1925)

NEW YORK CENT. R. CO. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

District Court, N. D. New York.

August 31, 1925.

Attorney(s) appearing for the Case

Parker McCollester, of New York City (Charles C. Paulding and Clyde Brown, both of New York City, and Robert E. Whalen, of Albany, N. Y., on the brief), for petitioner.

Blackburn Esterline, Asst. Atty. Gen., for the United States.

P. J. Farrell, of Washington, D. C., for Interstate Commerce Commission.

Almon W. Burrell, Deputy Atty. Gen., of New York, addressed court and filed brief as amicus curiæ.

Before HOUGH, Circuit Judge, and KNOX and COOPER, District Judges.

HOUGH, Circuit Judge (after stating the facts as above).

It is always advisable, and sometimes vital, to get behind the forms and formal parties of a litigation, and ascertain who is the actual person insisting on the demand in suit, what that person wants, and why it is wanted. In form this suit has nothing to do with the state of New York, but the truth is that that state is by long odds the person or party most seriously...

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