BOARD OF PUBLIC UTILITY COM'RS v. UNITED STATES

No. 5181.

21 F.Supp. 543 (1937)

BOARD OF PUBLIC UTILITY COM'RS OF NEW JERSEY v. UNITED STATES et al.

District Court, D. New Jersey.

December 17, 1937.


Attorney(s) appearing for the Case

John A. Bernhard, of Newark, N. J. (John J. Hickey, of Washington, D. C., of counsel), for plaintiff.

J. Stanley Payne, Asst. Chief Counsel, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., of counsel), for Interstate Commerce Commission.

Walter J. Larrabee, of New York City (E. H. Burgess, of New York City, Joseph F. Eshelman, of Philadelphia, Pa., Thomas P. Healy and Walter J. Larrabee, both of New York City, George P. Orlady, of Philadelphia, Pa., M. B. Pierce, of New York City, H. B. Thomas, of Rochester, N. Y., Charles R. Webber, of Baltimore, Md., William I. Woodcock, Jr., and Edwin A. Lucas, both of Philadelphia, Pa., of counsel), for intervening carriers.

Franklin L. Partridge, Jr., of Newark, N. J. (Parker McCollester and Lord, Day & Lord, all of New York City, of counsel), for intervener-defendant the Chamber of Commerce of New York.

Before DAVIS, Circuit Judge, and AVIS and FORMAN, District Judges.


FORMAN, District Judge.

Plaintiff, the Board of Public Utility Commissioners of the State of New Jersey, petitions this court to set aside, annul, and enjoin the enforcement of the order of the Interstate Commerce Commission of September 28, 1934, in docket No. 25570, entitled Intrastate Class Rates in New Jersey, 203 I.C.C. 357. Ten carriers, the New York Central Railroad Company, West Shore Railroad (The New York Central Railroad Company, lessee), Erie Railroad...

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