DELAWARE, LACKAWANNA AND WESTERN R. CO. v. KINGSLEY

Civ. A. Nos. 88-60, 106-60, 108-60, 128-60, 231-60.

189 F.Supp. 39 (1960)

DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY, Plaintiff, v. William KINGSLEY, individually and as Deputy Director, Division of Taxation, Department of the Treasury, State of New Jersey, the Cities of Hoboken, Jersey City and Newark, New Jersey, and the Township of Secaucus, New Jersey, Defendants. LEHIGH VALLEY RAILROAD COMPANY, a corporation of Pennsylvania, Plaintiff, v. William KINGSLEY, individually and as Deputy Director, Division of Taxation, Department of the Treasury, State of New Jersey, Jersey City, a municipal corporation of New Jersey, City of Newark, a municipal corporation of New Jersey, and City of Perth Amboy, a municipal corporation of New Jersey, Defendants. ERIE RAILROAD COMPANY, a corporation of New York, Plaintiff, v. William KINGSLEY, individually and as Deputy Director, Division of Taxation, Department of the Treasury, State of New Jersey, Jersey City, a municipal corporation of New Jersey, City of Hoboken, a municipal corporation of New Jersey, Township of Weehawken, a municipal corporation of New Jersey and Town of Secaucus, a municipal corporation of New Jersey, Defendants. CENTRAL RAILROAD COMPANY OF NEW JERSEY, a corporation of the State of New Jersey, Plaintiff, v. William KINGSLEY, individually and as Deputy Director, Division of Taxation, Department of the Treasury, State of New Jersey, and Jersey City, New Jersey, Defendants. NEW YORK CENTRAL RAILROAD COMPANY, Plaintiff, v. William KINGSLEY, Individually and as Deputy Director, Division of Taxation, Department of the Treasury, State of New Jersey, Township of Weehawken, Town of West New York, and Township of North Bergen, New Jersey, Defendants.

United States District Court D. New Jersey.

November 16, 1960.


Attorney(s) appearing for the Case

David D. Furman, New Jersey State Atty. Gen., Theodore Botter, Union City, N. J., for State of New Jersey.

Augustus Nasmith, Hoboken, N. J., for plaintiff Delaware, L. & W. R. Co.

Lamb, Langan & Blake, by Raymond Lamb, Jersey City, N. J., for plaintiffs Lehigh Valley R. Co. and Erie R. Co.

Joseph C. Glavin, Jersey City, N. J., for plaintiff Central R. Co. of New Jersey.

O'Mara, Schumann, Davis & Lynch, by Joseph Davis, Jersey City, N. J., for plaintiff New York Cent. R. Co.

Herbert H. Fine, Newark, N. J., for defendant City of Hoboken, N. J.

Leo Rosenblum, Jersey City, N. J., for defendants Jersey City, N. J., and Secaucus Tp., N. J.

Vincent P. Torppey, by Jacob M. Goldberg, Newark, N. J., for defendant City of Newark, N. J.

Robert Wilentz, Perth Amboy, N. J., for defendant City of Perth Amboy, N. J.

Leon S. Milmed, Newark, N. J., for defendant Township of Weehawken, N. J.

Samuel L. Hirschberg, West New York, N. J., for defendant Town of West New York, N. J.

Nicholas S. Schloeder, Union City, N. J., for defendant Township of North Bergen, N. J.


WORTENDYKE, District Judge.

These are five separate actions by railroad companies, owning Class II railroad property (N.J.R.S. 54:29A-17, N.J. S.A.) in certain municipalities in New Jersey, against those municipalities and against the Deputy Director of the Division of Taxation of the Department of the Treasury of the State of New Jersey. Each complaint charges violation of plaintiff's rights under the due process and equal protection clauses of the Fourteenth Amendment...

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