INTERNATIONAL RY. CO. v. PRENDERGAST


52 F.2d 293 (1930)

INTERNATIONAL RY. CO. v. PRENDERGAST et al.

District Court, W. D. New York.

May 22, 1930.


Attorney(s) appearing for the Case

Henry W. Killeen, of Buffalo, N. Y., Coleman J. Joyce, of Philadelphia, Pa., James C. Sweeney, of Buffalo, N. Y., and Clarence R. Runals, of Niagara Falls, N. Y., for plaintiff.

Charles L. Feldman, Corporation Counsel, of Buffalo, N. Y. (Frederic C. Rupp, Jeremiah J. Hurley, and Fred C. Maloney, all of Buffalo, N. Y., and Frank C. Loughlin, of New York City, of counsel), for defendant City of Buffalo.

Charles G. Blakeslee, of Albany, N. Y. (Russell B. Burnside, of Albany, N. Y., of counsel), for defendant Public Service Commission.

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

Before MANTON, Circuit Judge, and HAZEL and ADLER, District Judges, constituting a statutory court, convened pursuant to section 266 of the Judicial Code, as amended (28 USCA § 380).


MANTON, Circuit Judge.

This bill, in equity, seeks to enjoin an enforcement of state statutes and orders of the public service commission of the state of New York, requiring the plaintiff to operate its street railway at certain maximum rates of fare. The basis of the right to relief is that the rates of fare are inadequate, and, if enforced, would be confiscatory of the plaintiff's property. Plaintiff filed a tariff fixing...

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