SUSQUEHANNA TRANSIT COMMUTERS ASS'N v. BD. OF PUB. UTIL. COMM'RS


55 N.J. Super. 377 (1959)

151 A.2d 9

SUSQUEHANNA TRANSIT COMMUTERS ASSOCIATION, AN UNINCORPORATED ASSOCIATION HAVING MORE THAN 7 MEMBERS, AND BROTHERHOOD OF RAILROAD TRAINMEN, AN UNINCORPORATED ASSOCIATION HAVING MORE THAN 7 MEMBERS, APPELLANTS AND CROSS-RESPONDENTS, v. BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY, RESPONDENT AND CROSS-RESPONDENT, PUBLIC SERVICE COORDINATED TRANSPORT, RESPONDENT, NEW YORK, SUSQUEHANNA AND WESTERN RAILROAD COMPANY, RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Supplemental Appendix October 28, 1958.

Decided May 1, 1959.


Attorney(s) appearing for the Case

Mr. Leon Leighton, of the New York Bar, admitted pro hac vice, argued the cause for respondent and cross-appellant New York, Susquehanna and Western Railroad Company (Messrs. Lum, Fairlie & Foster, attorneys; Mr. Leighton, on the brief).

Mr. James M. Davis, Jr., argued the cause for appellants and cross-respondents Susquehanna Transit Commuters Association and Brotherhood of Railroad Trainmen (Messrs. Powell & Davis, attorneys).

Mr. Howard T. Rosen, Deputy Attorney General, argued the cause for respondent and cross-respondent Board of Public Utility Commissioners (Mr. David D. Furman, Attorney General, attorney; Mr. Rosen, on the brief).

Before Judges GOLDMANN, CONFORD and FREUND.


GOLDMANN, S.J.A.D.

Susquehanna Transit Commuters Association ("Commuters") and Brotherhood of Railroad Trainmen ("Brotherhood") appeal, and New York, Susquehanna and Western Railroad Company ("Susquehanna") cross-appeals from a decision and order of the Board of Public Utility Commissioners of the State of New Jersey ("Board") dated December 11, 1957, authorizing Susquehanna to curtail its passenger train service, and...

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