INTERNATIONAL RY. CO. v. PRENDERGAST


1 F.Supp. 623 (1932)

INTERNATIONAL RY. CO. v. PRENDERGAST et al.

District Court, W. D. New York.

October 11, 1932.


Attorney(s) appearing for the Case

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

Charles G. Blakeslee, of Albany, N. Y. (Russell B. Burnside, of Albany, N. Y., and George E. McVay, of Huguenot Park, S. I., N. Y., of counsel), for defendant Public Service Commission.

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

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


MANTON, Circuit Judge.

The plaintiff moves for a confirmation of the master's report in this suit seeking relief from a claimed confiscation of its street railway property by reason of the rate of fare it is permitted to charge for carrying passengers in the city of Buffalo. It is a street railway corporation organized under the New York state law, subject to the supervision and regulation of the Public Service Commission (chapter 480, Laws of 1910 (Consol. Laws N...

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