BOSTON AND MAINE RAILROAD and the New York, New Haven and Hartford Railroad Company, Plaintiffs,
Port of Boston Commission, Intervening Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
The Baltimore and Ohio Railroad Company, Western Maryland Railway Company, Canton Railroad Company, Baltimore Association of Commerce, the Baltimore Chamber of Commerce, the Steamship Trade Association of Baltimore, Inc., Baltimore Custom House Brokers and Forwarders Association, the Mayor and City Council of Baltimore, the Pennsylvania Railroad Company, Maryland Port Authority, the Delaware River Port Authority, Chamber of Commerce of Greater Philadelphia, City of Philadelphia, Intervening Defendants.
United States District Court D. Massachusetts.https://leagle.com/images/logo.png
June 27, 1957.
June 27, 1957.
Attorney(s) appearing for the Case
Robert G. Bleakney, Jr., and William Q. Keenan, Boston, Mass., for plaintiffs.
Henry E. Foley and Foley, Hoag & Eliot, Boston, Mass., for Port of Boston Commission, intervening plaintiff.
John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Anthony Julian, U. S. Atty., and Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., for United States of America and Interstate Commerce Commission, defendants.
I. K. Hay, Asst. Gen. Counsel, Washington, D. C., and Herman Mueller, Boston, Mass., for Interstate Commerce Commission, defendant.
Edwin H. Burgess, Anthony P. Donadio, Baltimore, Md., and Charles J. Henry, Jr., Baltimore, Md., Frederick Foster, Boston, Mass., Jervis Langdon, Jr., Baltimore, Md., for Baltimore & O. R. Co.
William C. Purnell, Baltimore, Md., for Western Maryland Ry. Co.
J. Crossan Cooper, Jr., Baltimore, Md., for Canton R. Co.
Harry C. Ames, Washington, D. C., for Baltimore Ass'n of Commerce, the Baltimore Chamber of Commerce, the Steamship Trade Ass'n of Baltimore, Inc., Baltimore Custom House Brokers & Forwarders Ass'n.
Thomas N. Biddison and F. Clifford Hane, Baltimore, Md., for Mayor and City Council of Baltimore.
Guernsey Orcutt and Richard R. Bongartz, Philadelphia, Pa., for Pennsylvania R. Co.
Theodore Chase, Boston, Mass., William L. Marbury, Baltimore, Md., Donald Macleay and Franklin G. Allen, Washington, D. C., for Maryland Port Authority.
Charles M. Ewing, Boston, Mass., Morris Duane and Duane, Morris & Heckscher, Philadelphia, Pa., Bruce A. Wallace, Camden, N. J., and Warren Price, Jr., Washington, D. C., for Delaware River Port Authority.
Charles M. Ewing, Boston, Mass., and Frederick H. Knight, Philadelphia, Pa., for Chamber of Commerce of Greater Philadelphia.
David Berger, City Sol., David E. Pinsky, Asst. City Sol., for City of Philadelphia, Philadelphia, Pa., intervening defendants.
Before MAGRUDER, Circuit Judge, and FORD and ALDRICH, District Judges.
United States District Court D. Massachusetts.
MAGRUDER, Circuit Judge.
This suit is brought by the Boston & Maine Railroad and the New York, New Haven & Hartford Railroad Company (hereinafter jointly referred to as the Boston railroads), to set aside certain parts of an order dated October 1, 1956, of the Interstate Commerce Commission (hereafter the Commission) in Investigation and Suspension Docket No. 6074, Iron Ore from Eastern Ports to Central Freight Association Points (299
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