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NATIONAL WATER CARRIERS ASS'N v. UNITED STATES

126 F.Supp. 87 (1954)

NATIONAL WATER CARRIERS ASSOCIATION and New York Trap Rock Corporation, Plaintiffs, v. UNITED STATES of America, The Interstate Commerce Commission, the New York, New Haven & Hartford Railroad Company and The Long Island Railroad Company, Defendants.

United States District Court S. D. New York.

November 29, 1954.

Attorney(s) appearing for the Case

Foley & Martin, New York City, Christopher E. Heckman and Ned J. Parkesian, New York City, of counsel, for plaintiffs.

Willard R. Memler, Sp. Asst. to Atty. Gen., for the United States.

C. H. Johns, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

William A. Colton, New York City, for Long Island R. Co.

Walter J. Myskowski, New Haven, Conn., for New York, N. H. & H. R. Co.

Before SWAN, Circuit Judge, and RYAN and EDELSTEIN, District Judges.

SWAN, Circuit Judge.

This case is before a court of three judges assembled pursuant to statute.1 It has been heard upon the amended complaint, the answers thereto, and briefs and arguments. It is a sequel to prior litigation between the same parties, the decision in which is reported in D.C., 120 F.Supp. 719, 726. In that case the same plaintiffs attacked an order of the Interstate Commerce Commission...

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