INTERNATIONAL RY. CO. v. PRENDERGAST


29 F.2d 296 (1928)

INTERNATIONAL RY. CO. v. PRENDERGAST et al.

District Court, W. D. New York.

November 20, 1928.


Attorney(s) appearing for the Case

Killeen & Sweeney, of Buffalo, N. Y. (Henry W. Killeen and James C. Sweeney, both of Buffalo, N. Y., and Coleman J. Joyce, of Philadelphia, Pa., of counsel), for plaintiff.

Russell B. Burnside, of Albany, N. Y., Assistant Counsel for Public Service Commissioners.

Gregory U. Harmon, Corp. Counsel, of Buffalo, N. Y. (Jeremiah J. Hurley and Fred C. Maloney, Deputy Corp. Counsel, both of Buffalo, N. Y., of counsel), for the City of Buffalo.

George W. Knox, of Niagara Falls, N. Y., for City of Niagara Falls.

James P. Lindsay, of North Tonawanda, N. Y., for City of North Tonawanda.

George W. Riley, of Lockport, N. Y., for City of Lockport.

Raymond G. Heim, of Buffalo, N. Y. (Marvin S. Burt, Jr., of Buffalo, N. Y., of counsel), for the Village of Lancaster.


HAZEL, District Judge.

The motion to dismiss the pending bill relating (1) to the 8-cent fare for a single adult passenger and two tokens for 15 cents, in force in 1926, is primarily based upon the ground that the order of the Public Service Commission, dated June 8, 1927, increasing the local fare in the city of Buffalo to 10 cents for a single trip by an adult and three tokens for 25 cents, on condition of acceptance and agreement that certain city roadbeds be reconstructed...

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