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-Appellants,
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-Appellees.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued January 6, 1959.
Decided January 20, 1959.
Attorney(s) appearing for the Case
Richard S. Buell, New York City (McLanahan, Merritt & Ingraham, New York City, on the brief), for plaintiffs-appellants William Meyers, Atlantic Gummed Paper Corp., and Warshaw Manufacturing, Inc.
James E. Sapp, Jr., New York City, for plaintiffs-appellants Standard Brands Incorporated.
Morris Gottlieb, New York City, for plaintiff-appellant Brillo Manufacturing Co., Inc.
Marvin E. Frankel, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief), for plaintiff-appellant 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-appellees.
H. R. Osmond, Chicago, Ill. (A. Henry Walter, Director, Bureau of Inquiry and Compliance, Washington, D. C., on the brief), for Interstate Commerce Commission.
Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.
United States Court of Appeals Second Circuit.
LUMBARD, Circuit Judge.
The primary issue presented on this appeal is whether Judge Abruzzo's modification of an injunction against abandonment of service by the defendant railroad as a result of an application subsequent to our opinion filed on October 7, 1958, 2 Cir., 259 F.2d 532, so as to exclude from the effect of the injunction a proposed abandonment of the railroad's "spur, side, and team tracks" was based upon a proper construction...
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