HUDSON & M. R. CO. v. UNITED STATES

Civ. No. 426.

33 F.Supp. 495 (1940)

HUDSON & M. R. CO. v. UNITED STATES et al.

District Court, D. New Jersey.

June 17, 1940.


Attorney(s) appearing for the Case

John A. Hartpence, of Jersey City, N. J., and John E. Buck, Donald C. Swatland, William T. Stewart, Jr., and John F. Finerty, all of New York City (Cravath, De Gersdorff, Swaine & Wood, of New York City, of counsel), for plaintiff.

Frank Coleman, Sp. Asst. to Atty. Gen., and Hubert J. Harrington, Asst. U. S. Atty., of Newark, N. J. (Elmer B. Collins, Sp. Asst. to Atty. Gen., and Thurman Arnold, Asst. Atty. Gen., of counsel), for the United States.

P. J. Farrell, Asst. Chief Counsel of Interstate Commerce Commission, of Washington, D. C., for the Interstate Commerce Commission.

Charles Hershenstein, of Jersey City, N. J., for City of Jersey City, intervenor.

Before CLARK, Circuit Judge, FORMAN and FAKE, District Judges.


FAKE, District Judge.

On July 31, 1937, plaintiff issued and filed its Local Passenger Tariff (I.C.C. No. 42) to become effective September 1, 1937, establishing a fare of 10 cents for interstate transportation on its downtown line. Theretofore the fare had been fixed at 6 cents. Protests were filed with the Interstate Commerce Commission against the increase of fare, and on August 17, 1937, the Commission issued an order directing a hearing on the issues involved...

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