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JAY STREET CONNECTING RAILROAD v. UNITED STATES

No. 19821.

174 F.Supp. 609 (1959)

JAY STREET CONNECTING RAILROAD, Plaintiff, v. UNITED STATES of America, Defendant, Interstate Commerce Commission, Intervening Defendant, William Meyers, Standard Brands, Incorporated, Atlantic Gummed Paper Corp. and Warshaw Manufacturing, Inc., Intervening Defendants, Moses Spatt and Joseph S. Wohl, Intervenors.

United States District Court E. D. New York.

June 26, 1959.

Attorney(s) appearing for the Case

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

B. Franklin Taylor, Jr., Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C. (Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for United States of America and Interstate Commerce Commission.

Richard S. Buell, New York City (McLanahan, Merritt & Ingraham, New York City, on the brief), for intervening defendants William Meyers et al.

Whitney North Seymour, Sr., New York City (Simpson, Thacher & Bartlett, New York City, on the brief), for intervenors.

Before LUMBARD, Circuit Judge, and BYERS and RAYFIEL, District Judges.

LUMBARD, Circuit Judge.

The primary question presented in this proceeding to enjoin the effectiveness of a certificate of the Interstate Commerce Commission permitting abandonment of the Jay Street Connecting Railroad, 49 U.S.C.A. § 1(18),1 is whether the action of the Commission is based upon adequate findings supported by substantial evidence. See Universal Camera Corp. v. N.L.R.B., 1951, 340 U.S. 474

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