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ADIRONDACK TRANSIT LINES v. UNITED STATES

Civil Action No. 26—508.

59 F.Supp. 503 (1944)

ADIRONDACK TRANSIT LINES, Inc., v. UNITED STATES et al.

District Court, S. D. New York.

October 16, 1944.

Attorney(s) appearing for the Case

Martin J. Kelly, Jr., of New York City (Clarence E. Horn, Jr., of New York City, of counsel), for plaintiff.

James B. M. McNally, U. S. Atty., of New York City (Wendell Berge, Asst. Atty. Gen., Edward Dumbauld, Sp. Asst. to Atty. Gen. and Daniel W. Knowlton, Chief Counsel, and Nelson Thomas, Atty., Interstate Commerce Commission, both of Washington, D. C., of counsel), for defendants.

Henry P. Goldstein, of New York City, for Manhattan Coach Line, Inc., Manhattan Transit Co., Westwood Transp. Co., Inc., Westwood Transp. Line, Inc., Inter-City Transportation Co., Inc., Jersey City & Lyndhurst Bus Co., Inc., and Mountain Transit Corporation, interveners.

Leland Taliaferro, of Newark, N. J., for Public Service Interstate Transp. Co., intervener.

John F. Finerty and John E. Buck, both of New York City, for Hudson & Manhattan R. Co., intervener.

Before FRANK, Circuit Judge, and LEIBELL and CONGER, District Judges.

PER CURIAM.

1. Since the parties agree on the correctness of the facts stated in the Commission's opinion, as supplemented by the opinion of Division 5, we need not repeat them here.

2. Were we entirely free to consider the order of June 4, 1937, and the certificate issued in accordance therewith, without any regard to the Commission's subsequent interpretation in its opinion of June 6, 1944, we would independently, for the following reasons, arrive at the...

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