BOARD OF PUBLIC UTILITY COM'RS OF N. J. v. UNITED STATES

Civ. No. 802-57.

158 F.Supp. 104 (1957)

BOARD OF PUBLIC UTILITY COMMISSIONERS of the State OF NEW JERSEY and The State of New Jersey, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Erie Railroad Company and New York, Susquehanna & Western Railroad Company, Intervenors.

United States District Court D. New Jersey.

December 10, 1957.


Attorney(s) appearing for the Case

Grover C. Richman, Atty. Gen., of New Jersey by David D. Furman, Trenton, N. J., and Joseph P. Lordi, Newark, N. J., Herman Scott, Asst. U. S. Atty., Newark, N. J., John H. Wigger, and Charles H. Johns, Jr., Washington, D. C., for the United States, and Interstate Commerce Commission.

James M. Davis, Jr., Mount Holly, N. J., for Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers.

Emory, Langan, Lamb & Blake, Jersey City, N. J., for Erie Railroad Co. by Raymond J. Lamb, Jersey City, N. J., Lum, Fairlie & Foster, Newark, N. J., for Susquehanna Railroad Co. by Leon Leighton, New York City.

Before McLAUGHLIN, Circuit Judge, and SMITH and WORTENDYKE, District Judges.


McLAUGHLIN, Circuit Judge.

The New Jersey agency administering that state's regulatory powers over public utilities and the state itself bring this action1 which is in effect an appeal from the order of the Interstate Commerce Commission dated August 14, 1957, which, on the petition of the present plaintiffs for reconsideration and modification of effective date, affirmed its jurisdiction and sustained its Report and Certificate of June...

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