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NEW YORK, NEW HAVEN & HARTFORD R. CO. v. UNITED STATES

No. 5530.

272 F.2d 333 (1959)

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

November 30, 1959.

Attorney(s) appearing for the Case

William Q. Keenan, New Haven, Conn., for appellant.

Norman A. Hubley, Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., and Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, HARTIGAN, Circuit Judge, and FORD, District Judge.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered April 13, 1959 dismissing plaintiff-appellant's complaint after a trial before the court without jury.

The New York, New Haven and Hartford Railroad (hereinafter called the railroad), a common carrier by rail in interstate commerce and subject to the jurisdiction of the Interstate Commerce Commission, sued the United States...

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