TOWN OF INLET v. NEW YORK CENT. R. CO.

No. B-12372.

7 F.Supp. 781 (1934)

TOWN OF INLET, N. Y., et al. v. NEW YORK CENT. R. CO. et al. (INTERSTATE COMMERCE COMMISSION, Intervener).

District Court, N. D. New York.

July 13, 1934.


Attorney(s) appearing for the Case

J. Theodore Cross, of Utica, N. Y., for plaintiffs, other than Public Service Comm'rs of State of New York.

John T. Ryan, of Delmar, N. Y. (Charles G. Blakeslee, of Binghamton, N. Y., and John T. Ryan, of Delmar, N. Y., of counsel), for plaintiffs Public Service Comm'rs of State of New York.

Whalen, McNamee, Creble & Nichols, of Albany, N. Y. (Robert E. Whalen and Frank A. McNamee, Jr., both of Albany, N. Y., of counsel), for defendants New York Cent. R. Co. and Raquette Lake Ry. Co.

Elmer B. Collins, Sp. Asst. to Atty. Gen., Harold M. Stephens, Asst. Atty. Gen., and Oliver D. Burden, U. S. Atty., of Syracuse, N. Y., for the United States.

E. M. Reidy, Asst. Chief Counsel of Interstate Commerce Commission, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., of counsel), for intervening defendant.

Before AUGUSTUS N. HAND, Circuit Judge, and COOPER and KNIGHT, District Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is a suit in equity to set aside a certificate of the Interstate Commerce Commission entered on February 27, 1934, providing: "That the present and future public convenience and necessity permit (1) the Raquette Lake Railway Company to abandon as to interstate and foreign commerce its entire line of railroad in Herkimer and Hamilton Counties, N. Y., * * * and (2) The New York Central Railroad Company to abandon operation of said...

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