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HUDSON RIVER DAY LINE v. UNITED STATES

85 F.Supp. 225 (1949)

HUDSON RIVER DAY LINE, Inc. et al. v. UNITED STATES et al.

United States District Court S. D. New York.

July 1, 1949.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City (Parker McCollester, Frank J. Clark and John R. Mahoney, New York City, of counsel), for plaintiffs Hudson River Day Line, Inc., and Sutton Line, Inc.

Herbert C. Jones, Jr., Washington, D. C. (Parker McCollester, New York City, of counsel), for Wilson Line Operating Co., intervening plaintiff.

Herbert A. Bergson, Assistant Attorney General, John F. X. McGohey, United States Attorney, New York City, William J. Hickey, Special Assistant to Attorney General, for defendant United States.

Edward M. Reidy, Assistant Chief Counsel, Samuel R. Howell, Attorney, and Daniel W. Knowlton, Chief Counsel, Washington, D. C., for Interstate Commerce Commission, intervening defendant.

Kenneth R. Thompson, New York City, for Sandy Hook, Inc., intervening defendant.

Before AUGUSTUS N. HAND, Circuit Judge, and BONDY and CLANCY, District Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs have applied for a preliminary and permanent injunction to restrain the Interstate Commerce Commission from carrying out an order of May 26, 1949, which granted temporary authority to Sandy Hook, Inc., to operate as a common carrier in furnishing special charter service between points in New York Harbor and Bear Mountain, New York, on May 27 and 28, June 1, 3, 4, 10, 11, 14, 26, July 24, August 14, and September 11,...

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