PUBLIC SERVICE COM'N OF STATE OF N. Y. v. UNITED STATES


50 F.Supp. 497 (1943)

PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK et al. v. UNITED STATES et al.

District Court, S. D. New York.

June 10, 1943.


Attorney(s) appearing for the Case

John T. Ryan, Asst. Counsel, Public Service Commission, of Cortland, N. Y. (Gay H. Brown, Counsel, Public Service Commission, and George H. Kenny, both of Albany, N. Y., on the brief), for plaintiff Public Service Commission.

John J. Broderick, of Yonkers, N. Y. (Paul L. Bleakley, Corp. Counsel, of Yonkers, N. Y., on the brief), for plaintiff City of Yonkers.

Horace M. Gray, of New York City, for plaintiff Tooley.

Robert L. Pierce, Sp. Asst. to Atty. Gen. (Tom C. Clark, Asst. Atty. Gen., on the brief), for defendant United States.

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

Thomas P. Healy and Harold H. McLean, both of New York City, for defendant New York Central Railroad Company.

Before CLARK, Circuit Judge, and CONGER and RIFKIND, District Judges.


PER CURIAM.

Plaintiffs make three points in attacking the order of the Interstate Commerce Commission authorizing the abandonment of this short railway in Bronx and Westchester Counties, New York; namely, lack of jurisdiction of the Commission, lack of evidence to support the conclusion that continued operation of the line would constitute an undue burden on interstate commerce, and lack of a fair hearing because the Commission after its decision denied motions to...

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