LUCKENBACH S. S. CO. v. UNITED STATES

Civ. A. No. 90-130.

122 F.Supp. 824 (1954)

LUCKENBACH S. S. CO., Inc. v. UNITED STATES et al.

United States District Court S. D. New York.

January 22, 1954.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, Harold M. Kennedy, New York City, Odell Kominers, Henry G. Fischer, Washington, D. C., and Mark P. Schleifer, New York City, of counsel, for plaintiff.

Stanley N. Barnes, Asst. Atty. Gen., J. Edward Lumbard, U. S. Atty., James E. Kilday and John Guandolo, Sp. Assts. to Atty. Gen., for defendant United States.

Edward M. Reidy, Chief Counsel, and Allen Crenshaw, Associate Chief Counsel, Washington, D. C., for Interstate Commerce Commission.

John J. O'Connor, William L. McGovern and Abe Krash, Washington, D. C., Arnold, Fortas & Porter, Washington, D. C., of counsel, for intervenor Isbrandtsen Co., Inc.

Crowell & Rouse, E. Curtis Rouse, New York City, of counsel, for intervenor Parr-Richmond Terminal Co.

Paul Goldstein, New Haven, Conn., for New Haven Chamber of Commerce.

Before AUGUSTUS N. HAND, Circuit Judge, and IRVING R. KAUFMAN and DIMOCK, District Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an action by the Luckenbach Steamship Company to enjoin an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to the Isbrandtsen Company, Inc. Since the Commission's order was to go into effect December 28, 1953, a restraining order was granted by Judge Kaufman on December 21, 1953, pending a hearing and determination of the action by a three-judge court. The court was convened...

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