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CENTRAL R. CO. OF NEW JERSEY v. UNITED STATES

Civ. No. 97.

99 F.Supp. 564 (1951)

CENTRAL R. CO. OF NEW JERSEY v. UNITED STATES.

United States District Court D. New Jersey.

August 28, 1951.

Attorney(s) appearing for the Case

Markley & Broadhurst, Jersey City, N. J., Edward A. Markley, Jersey City, N. J., for plaintiff, and Judson C. McLester, Jr., and Alexander H. Elder, New York City, of counsel.

McCarter, English & Studer, Newark, N. J., Augustus C. Studer, Jr., Newark, N. J., for Akron, Canton & Youngstown R. and other intervening Railroad defendants, Lawrence Chaffee, Kemper A. Dobbins, Theodore H. Burgess, Cleveland, Ohio, of counsel.

John F. Baecher, Sp. Asst. to Atty. Gen., for United States.

J. Stanley Payne, Associate Chief Counsel for the Interstate Commerce Commission, Washington, D. C., for Commission.

Before McLAUGHLIN, Circuit Judge, and SMITH and FAKE, District Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff seeks to set aside an order of the Interstate Commerce Commission dated December 29, 1949 which in turn had set aside a prior order of the Commission dated October 11, 1948 and dismissed the complaint in the cause. Plaintiff also asks that the Commission's order of May 18, 1950 dismissing its petition for reconsideration be set aside. As the Code requires, the suit is brought against the United States. The Interstate Commerce Commission...

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