GILCHRIST v. INTERBOROUGH CO.

No. 159.

279 U.S. 159 (1929)

GILCHRIST ET AL., CONSTITUTING THE TRANSIT COMMISSION, ET AL. v. INTERBOROUGH RAPID TRANSIT COMPANY ET AL.

Supreme Court of United States.

Reargued January 14, 15, 16, 1929.

Decided April 8, 1929.


Attorney(s) appearing for the Case

Mr. Irwin Untermyer,* with whom Messrs. Samuel Untermyer and Charles Dickerman Williams were on the brief, for appellant Transit Commission of New York.

Mr. Charles L. Craig, with whom Messrs. George P. Nicholson, Joseph A. Devery, and Edgar J. Kohler were on the brief, for appellant City of New York.

Messrs. Charles E. Hughes and William L. Ransom, with whom Messrs. James L. Quackenbush, Charles E. Hughes, Jr., Jacob H. Goetz, Harry L. Butler, and John Fletcher Caskey were on the brief, for appellee Interborough Rapid Transit Company.

Messrs. George Welwood Murray and William Roberts were on the brief for appellee Manhattan Railway Company.


MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

This direct appeal is from an order of May 10, 1928, by the District Court, Southern District of New York, three judges sitting, which authorized an interlocutory injunction to restrain appellants — the Transit Commission and New York City — from requiring, or attempting to enforce, further acceptance by the...

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