HUDSON & MANHATTAN R. CO. v. HARDY


22 F.Supp. 105 (1938)

HUDSON & MANHATTAN R. CO. v. HARDY.

District Court, S. D. New York.

February 4, 1938.


Attorney(s) appearing for the Case

Cravath, deGersdorff, Swaine & Wood, of New York City (W. D. Whitney, John E. Buck, Francis A. E. Spitzer, and Harold R. Medina, Jr., all of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (Robert L. Stern, Sp. Asst. to the Atty. Gen., of counsel), for the government.

Thomas M. Ross, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., of counsel), for intervener Interstate Commerce Commission.

Ezra Brainard, Jr., and Alex M. Bull, both of Washington, D. C. (Carl A. Mead, of New York City, of counsel), for interveners Brotherhood of Locomotive Engineers, Brotherhood of Railroad Trainmen, and Brotherhood of Railroad Signalmen of America.


WOOLSEY, District Judge.

The plaintiff is entitled to a decree declaring that it is not a carrier as defined by the Railway Labor Act, § 1, as amended June 21, 1934, 45 U.S.C.A. § 151, and to such injunctive relief as will render that decree effectual as a protection to it.

I. On June 21, 1934, the President of the United States approved an Act of Congress styled Public — No. 442 — 73rd Congress, June 21, 1934, c. 691, 48 Stat. 1185...

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