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LONG ISLAND RAIL ROAD CO. v. DELAWARE, L. & W. R. CO.

Civ. A. No. 16628.

183 F.Supp. 319 (1960)

LONG ISLAND RAIL ROAD COMPANY, Plaintiff, v. DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY, Lehigh Valley Railroad Company, Erie Railroad Company and New York, Chicago & St. Louis Railroad Company, Defendants.

United States District Court E. D. New York.

May 13, 1960.

Attorney(s) appearing for the Case

Otto M. Buerger, Jamaica, N. Y., for plaintiff, by Richard H. Stokes, New York City, of counsel.

Richard E. Costello, New York City, for defendants, Delaware, Lackawanna & Western R. Co., and New York, Chicago & St. Louis R. Co.

Frederick G. Hoffmann, New York City, for defendant, Erie R. Co.

John F. Finerty, New York City, for intervenor, Brooklyn Eastern Dist. Terminal.

BYERS, District Judge.

This cause has been pending since June 15, 1956 when the complaint was filed; it has been explained in the opinion reported in 143 F.Supp. 363 in connection with a plaintiff's motion for a temporary injunction, and defendants' cross-motion to dismiss, both of which were denied.

Since the date of that decision (July 2, 1956), the I.C.C. has passed upon the matters presented in the plaintiff's asserted...

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