TRANSIT COMMISSION v. UNITED STATES


1 F.Supp. 595 (1932)

TRANSIT COMMISSION v. UNITED STATES et al. (INTERSTATE COMMERCE COMMISSION, Intervener). STATE OF NEW YORK v. SAME.

District Court, S. D. New York.

October 3, 1932.


Attorney(s) appearing for the Case

George H. Stover, of New York City (Philip Hodes, of New York City, of counsel), for New York State Transit Commission.

John J. Bennett, Jr., Atty. Gen. of State of New York (Wendell P. Brown, Asst. Atty. Gen., of counsel), for the State of New York.

George Z. Medalie, U. S. Atty., of New York City (Elmer B. Collins, Sp. Asst. to Atty. Gen., of counsel), for the United States.

Joseph F. Keany, of New York City (Alfred A. Gardner, of New York City, of counsel), for respondents Long Island R. R. and Pennsylvania R. Co.

Daniel W. Knowlton, of Washington, D. C. (H. L. Underwood, of Washington, D. C., of counsel), for intervening respondent Interstate Commerce Commission.

Before AUGUSTUS N. HAND, Circuit Judge, and BONDY and PATTERSON, District Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The question involved in these suits is whether the Transit Commission or the Interstate Commerce Commission has jurisdiction to pass on the trackage agreements of the Pennsylvania and the Long Island Railroads. This depends on the proper interpretation of section 1 (18) of the Interstate Commerce Act. The caption of subdivision 18 of section 1 is: "Extension...

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