STATE OF NEW JERSEY and Board of Public Utility Commissioners of The State of New Jersey, Plaintiffs,
v.
UNITED STATES of America, Interstate Commerce Commission, Erie Railroad Company and New York, Susquehanna and Western Railroad Company, Defendants.
United States District Court D. New Jersey.https://leagle.com/images/logo.png
November 25, 1958.
Judgment Affirmed March 2, 1959.
Attorney(s) appearing for the Case
David D. Furman, Atty. Gen., of State of New Jersey, and Howard T. Rosen, Newark, N. J., for plaintiffs.
Chester A. Weidenburner, U. S. Atty., Newark, N. J., by Herman Scott, Asst. U. S. Atty., Newark, N. J., and Charles Esherick, New York City, for defendant Dept. of Justice.
Robert W. Ginnane, Washington, D. C., for defendant Interstate Commerce Commission.
Emory, Langan, Lamb & Blake, by Raymond T. Lamb, Jersey City, N. J., for defendant Erie R. Co.
Lum, Fairlie & Foster, Newark, N. J., by Leon Leighton, New York City, for defendant New York, S. and W. R. Co.
Before McLAUGHLIN, Circuit Judge, and SMITH and WORTENDYKE, District Judges.
United States District Court D. New Jersey.
Judgment Affirmed March 2, 1959. See 79 S.Ct. 603.
WORTENDYKE, District Judge.
This case (Erie case) was heard together with that of State of New Jersey v. United States of America, D.C., 168 F.Supp. 324 (N. Y. Central case) on November 3, 1958. Both cases involved common questions of law and fact. Our opinion in the N. Y. Central case is being filed simultaneously herewith and will be referred to frequently herein.
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