INTERBOROUGH RAPID TRANSIT CO. v. GILCHRIST


26 F.2d 912 (1928)

INTERBOROUGH RAPID TRANSIT CO. v. GILCHRIST et al.

District Court, S. D. New York.

Supplemental Decree May 10, 1928.


Attorney(s) appearing for the Case

James L. Quackenbush, of New York City (William L. Ransom and Jacob H. Goetz, both of New York City, and Harry L. Butler, of Madison, Wis., of counsel), for plaintiff.

George P. Nicholson, Corp. Counsel, of New York City (Charles L. Craig, Joseph A. Devery, Edgar J. Kohler, and M. Maldwin Fertig, all of New York City, of counsel), for defendant city of New York.

Clarence M. Lewis, of New York City (Samuel Untermyer, Irwin Untermyer, Robert S. Johnstone, C. D. Williams, and G. H. Stover, all of New York City, of counsel), for defendant Transit Commission.

Murray, Aldrich & Roberts, of New York City (William Roberts, of New York City, of counsel), for defendant Manhattan Ry. Co.

Before MANTON, Circuit Judge, and KNOX and BONDY, District Judges.


MANTON, Circuit Judge.

The original bill in this suit was filed in the forenoon of February 14, 1928. It seeks to restrain the members of the transit commission of the metropolitan division of the department of public service of the state of New York, from enforcing various rate limitations, restricting the rate of fare charged by the plaintiff on its rapid transit railways, operated in the city of New York, to 5 cents per passenger, upon the theory that such limitations...

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