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BOSTON & MAINE RAILROAD v. UNITED STATES

Civ. A. No. 56-1004.

162 F.Supp. 289 (1958)

BOSTON & MAINE RAILROAD et al. v. UNITED STATES of America and Interstate Commerce Commission et al.

United States District Court D. Massachusetts.

April 28, 1958.

Attorney(s) appearing for the Case

Lawrence R. Cohen, Herbert Alpert, Boston, Mass., Carl E. Newton, Granville Whittlesey, William T. Griffin, New York City, James W. Grady, New Haven, Conn., Richard Jackson, Boston, Mass., William J. Hickey, Washington, D. C., William A. Colton, Otto M. Buerger, Richard Swan Buell and Joseph P. Hawryluk, New York City, for plaintiffs.

Robert W. Ginnane, Gen. Counsel, and Isaac K. Hay, Asst. Gen. Counsel, I. C. C., Washington, D. C., Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and James H. Durkin, Attys., Dept. of Justice, Washington, D. C., Anthony Julian, U. S. Atty., George H. Lewald, Asst. U. S. Atty., Boston, Mass., S. R. Brittingham, Jr., Chicago, Ill., and Richard J. Ferriter, Boston, Mass., for defendants.

Before WOODBURY, Circuit Judge, and WYZANSKI and McCARTHY, District Judges, by designation of Chief Judge MAGRUDER pursuant to Title 28 U.S.C. § 2284.

WOODBURY, Circuit Judge.

This is a controversy, in the main between the long-haul trunk line railroads and the short-haul terminal railroads, over the price a railroad ought to pay for the use on its lines of freight cars owned by another railroad.

The question of car hire is not novel. To understand its present aspects a little history will prove helpful.

In the early days of railroading in this country no railroad allowed its freight cars to leave...

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