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BROTHERHOOD OF MAINTENANCE OF W. EMP. v. UNITED STATES

Civ. A. No. 20575.

189 F.Supp. 942 (1960)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, Plaintiff, and Railway Labor Executives Association, Intervener Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Erie-Lackawanna Railroad Company, Intervener Defendant.

United States District Court E. D. Michigan, S. D.

December 7, 1960.

Attorney(s) appearing for the Case

William G. Mahoney, Washington, D. C., George E. Brand and George E. Brand, Jr., Detroit, Mich., for plaintiff and intervener plaintiff.

Robert A. Bicks, Asst. Atty. Gen., Richard H. Stern, Dept. of Justice, Washington, D. C., Orrin C. Jones, Asst. U. S. Atty., Detroit, Mich., Robert W. Ginnane, Gen. Counsel, ICC, Washington, D. C., Leonard S. Goodman, ICC Washington, D. C., for United States and ICC, defendants.

Rowland L. Davis, Jr., New York City, Cravath, Swaine & Moore, New York City, Ralph L. McAfee, New York City, Bodman, Longley, Bogle, Armstrong & Dahling, Detroit, Mich., Richard D. Rohr, Detroit, Mich., for intervener defendant.

Before O'SULLIVAN, Circuit Judge, LEVIN, Chief Judge, and THORNTON, District Judge.

THORNTON, District Judge.

A statutory three-judge court was convened pursuant to 28 U.S.C.A. §§ 1336, 1398, 2284 and 2321-2325, to hear and determine the issue presented by the complaint here filed. This Court is asked to enjoin and set aside an order of the Interstate Commerce Commission (hereinafter also referred to as either the Commission or the ICC), dated September 13, 1960 and effective October 17, 1960, approving the merger of the

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