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MEYERS v. JAY STREET CONNECTING RAILROAD

No. 395, Docket 25309.

259 F.2d 532 (1958)

William MEYERS, Standard Brands Incorporated, Brillo Manufacturing Co., Inc., Atlantic Gummed Paper Corp., Warshaw Manufacturing, Inc., and Abraham & Straus Division of Federated Department Stores, Inc., Plaintiffs-Appellees, v. JAY STREET CONNECTING RAILROAD, and Moses Spatt, Milton E. Spatt, Joseph S. Wohl, and Herbert S. Struller, individually and as officers and directors thereof, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 7, 1958.

Rehearing Denied October 27, 1958.

Attorney(s) appearing for the Case

Richard S. Buell, New York City (McLanahan, Merritt & Ingraham, New York City, on the brief), for plaintiffs-appellees William Meyers, Atlantic Gummed Paper Corp., and Warshaw Mfg., Inc.

James E. Sapp, Jr., New York City, for plaintiff-appellee Standard Brands Inc.

Morris Gottlieb, New York City, for plaintiff-appellee Brillo Mfg. Co., Inc.

Jacob Imberman, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief), for plaintiff-appellee Abraham & Straus Division of Federated Department Stores, Inc.

J. Bertram Wegman, New York City (Wegman, Epstein & Burke, New York City, on the brief), for defendants-appellants.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

The question for decision is whether there is sufficient basis for the district court's issuance of a preliminary injunction enjoining the Railroad and the four individual defendants from ceasing operations on the ground that the Interstate Commerce Commission has not permitted abandonment. We think the preliminary injunction was properly issued and we affirm the order of the District Court for the Eastern District of New York.

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