PUBLIC SERVICE COM'N OF NEW YORK v. UNITED STATES


56 F.Supp. 351 (1944)

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

District Court. S. D. New York.

Judgment Affirmed November 13, 1944.


Attorney(s) appearing for the Case

Philip Hodes, of New York City (Philip Halpern, of Buffalo, N. Y., on the brief), for plaintiff Public Service Commission.

John J. Broderick, Corp. Counsel, of Yonkers, N. Y., for plaintiff City of Yonkers.

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

Robert L. Pierce, Sp. Asst. to Atty. Gen., of Washington, D. C. (James B. M. McNally, U. S. Atty., and William L. Lynch, Asst. U. S. Atty., both of New York City, and Wendell Berge, 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.

Harold H. McLean, of New York City (Thomas P. Healy, of New York City, on the brief), for defendant New York Central R. Co.

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


Judgment Affirmed November 13, 1944. See 65 S.Ct. 130.

CLARK, Circuit Judge.

Plaintiffs, suing under 28 U.S.C.A. §§ 41(28), 43-48, seek to enjoin and set aside a certificate and order of the Interstate Commerce Commission authorizing defendant New York Central Railroad Company to abandon its so-called Yonkers branch line, which extends for a distance of 3.1 miles in Bronx and Westchester counties, New York, between Getty Square in the city of Yonkers...

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