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YONKERS v. UNITED STATES

No. 109.

320 U.S. 685 (1944)

CITY OF YONKERS ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 3, 1944.

Attorney(s) appearing for the Case

Mr. John J. Broderick, with whom Mr. Leonard G. McAneny was on the brief, for the City of Yonkers; and Mr. Horace M. Gray for John W. Tooley, Jr., — appellants.

Mr. J. Stanley Payne, with whom Solicitor General Fahy and Messrs. Walter J. Cummings, Jr. and Daniel W. Knowlton were on the brief, for the United States et al.; and Mr. Harold H. McLean, with whom Mr. Thomas P. Healy was on the brief, for the New York Central Railroad Co., — appellees.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Interstate Commerce Act confers upon the Interstate Commerce Commission authority to issue certificates of public convenience and necessity allowing any carrier subject to the Act to abandon "all or any portion" of its line of railroad. § 1 (18), (19), (20), 49 U.S.C. § 1 (18), (19), (20), 24 Stat. 379, 41 Stat. 477-478. But the Act also provides that that...

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