BRESWICK & CO. v. UNITED STATES


134 F.Supp. 132 (1955)

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 and Joseph S. Gruss, Charles H. Blatt, Albert B. Cohen, Arthur A. Winner and Alvin J. Delaire, a copartnership doing business under the firm name and style of Gruss & Co. and Samuel A. Mehlman, Defendants.

United States District Court S. D. New York.

July 21, 1955.


Attorney(s) appearing for the Case

Rosston, Hort & Brussel, New York City, for plaintiff Breswick & Co., George Brussel, Jr., and Eugene G. King, New York City, of counsel.

Randolph Phillips, New York City, pro se.

Stanley N. Barnes, Asst. Atty. Gen., J. Edward Lumbard, United States Atty., New York City, Albert Parker, James H. Durkin, Spe. Assts. to the Atty. Gen., for defendant United States.

Samuel R. Howell, Acting Gen. Counsel, Leo H. Pou, Associate Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

White & Case, New York City, Wheeler & Wheeler, Washington, D. C., for defendant Alleghany Corp., Edward K. Wheeler, Washington, D. C., David Hartfield, Jr., New York City, Robert G. Seaks, Knoxville, Tenn., Andrew O. Miller, Oyster Bay, N. Y., Morton Moskin, Jamaica Estate, N. Y., of counsel.

Harold H. McLean, New York City, Edward K. Wheeler, Washington, D. C., for defendant The New York Central R. R. Co.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendants Gruss & Co., Harold H. Levin, New York City, of counsel.

Samuel A. Mehlman, New York City, pro se.

Before HINCKS, Circuit Judge, and DIMOCK and WALSH, District Judges.


Injunction Stayed in Part, 75 S.Ct. 912.

DIMOCK, District Judge.

This action was originally brought for an injunction requiring the Interstate Commerce Commission to set aside two of its orders to the extent that they granted the application of Alleghany Corporation to be "considered as a carrier" subject to the provisions of sections 20(1) to (10) inclusive and sections 20a(2) to (11) inclusive of the Interstate Commerce Act, 49 U.S.C. §§ 20(1)...

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