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SALZBERG v. UNITED STATES

176 F.Supp. 867 (1959)

Murray M. SALZBERG, Meyer P. Gross and Morris H. Snerson, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

September 28, 1959.

Attorney(s) appearing for the Case

Jacob I. Goodstein, New York City, for plaintiffs (Jacob I. Goodstein and Benjamin Wm. Mehlman, New York City, Jacob H. Zamore, Brooklyn, N. Y., and Fred H. Krones, New York City, of counsel).

H. Neil Garson, Robert W. Ginnane, Washington, D. C., for Interstate Commerce Commission.

Arthur H. Christy, New York City, James H. Durkin, Robert A. Bicks, Washington, D. C., for the United States.

Before LUMBARD, Circuit Judge, and NOONAN and MURPHY, District Judges.

MURPHY, District Judge.

This is an action to set aside and to annul as unlawful, arbitrary and capricious a condition contained in a decision of the Interstate Commerce Commission dated May 2, 1958 approving the application of the plaintiffs for permission to acquire control of the St. Johnsbury and Lamoille County Railroad (St. Johnsbury). The condition required the plaintiffs to grant an option of indefinite duration to the Maine Central Railroad to purchase their...

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