BRESWICK & CO., and Randolph Phillips, as common stockholders of Alleghany Corporation, Plaintiffs,
v.
UNITED STATES of America, the Interstate Commerce Commission, Alleghany Corporation, the New York Central Railroad Company, Joseph S. Gruss, Charles H. Blatt, Albert B. Cohen, Arthur A. Winner and Alvin J. Delaire, a copartnership, doing business as Gruss & Co., and Samuel A. Mehlman, Edward Gornish and others, Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
November 18, 1955.
On Motions for Reargument and New Trial January 27, 1956.
Attorney(s) appearing for the Case
Rosston, Hort & Brussel, New York City (George Brussel, Jr., and Eugene G. King, New York City, of counsel), for Breswick.
Randolph Phillips, New York City, pro se.
Herbert Brownell, Jr., Atty. Gen. of the United States (Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City, of counsel), for United States.
Leo H. Pou, Washington, D. C., for Interstate Commerce Commission.
White & Case, New York City, and Wheeler & Wheeler, Washington, D. C. (Edward K. Wheeler, Washington, D. C., David Hartfield, Jr., New York City, Robert G. Seaks, Washington, D. C., Andrew O. Miller, Jr., and Morton Moskin, New York City, of counsel), for Alleghany Corp.
Proskauer, Rose, Goetz & Mendelsohn, New York City, for intervening defendants, Joseph S. Gruss and others.
Harold H. McLean, New York City, and Edward K. Wheeler, Washington, D. C., for New York Cent. R. Co.
Samuel A. Mehlman, New York City, pro se.
Edward M. Garlock, New York City, for defendants Baker, Weeks & Co., Oscar Gruss & Son, Irving Neuman as Trustee under a Deed of Trust dated November 6, 1943, and Edward Gornish.
Before FRANK, Circuit Judge, and DIMOCK and WALSH, District Judges.
United States District Court S. D. New York.
PER CURIAM.
This is an action to enjoin, or vacate and set aside as void, orders of the Interstate Commerce Commission.
Since the filing of our previous opinion dealing with the preliminary injunction,1 and of our order granting such an injunction, we have held a hearing on the merits, at which we received evidence, heard extensive arguments, and received elaborate briefs, concerning...
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