The LONG ISLAND RAIL ROAD COMPANY, Plaintiff,
v.
UNITED STATES of America, Defendant.
United States District Court E. D. New York.https://leagle.com/images/logo.png
May 9, 1956.
May 9, 1956.
Attorney(s) appearing for the Case
Otto M. Buerger, New York City, for plaintiff, William A. Colton and James T. Gallagher, New York City, of counsel.
John F. Finerty, New York City, for Brooklyn Eastern Dist. Terminal, plaintiff-intervenor.
Stanley N. Barnes, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., Albert H. Buschmann, Asst. U. S. Atty., Brooklyn, N. Y., James E. Kilday and Albert Parker, Attys., Dept. of Justice, Washington, D. C., and Robert W. Ginnane, Gen. Counsel, and H. Neil Garson, Asst. Gen. Counsel, Washington, D. C., for defendant United States of America and intervening defendant Interstate Commerce Commission.
John F. Reilly, Washington, D. C., for intervening defendant Delaware, L. & W. R. Co., Rowland L. Davis, Jr., New York City, of counsel.
Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for intervening defendant Erie R. Co., Edwin S. S. Sunderland, Ralph M. Carson, New York City, and Chester F. Leonard, New York City, of counsel.
No brief submitted for intervening defendant Lehigh Valley R. Co.*
Before SWAN, Circuit Judge, and BYERS and BRUCHHAUSEN, District Judges.
United States District Court E. D. New York.
BYERS, District Judge.
This case is before a statutory three judge court convened pursuant to statute.1 It came on for argument on April 16, 1956 on plaintiffs' motion for an interlocutory injunction and defendants' cross-motion for summary judgment and dismissal of the complaint. It is the latter with which this decision is concerned.
The complaint was filed February 29, 1956, and...
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