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LONG ISLAND RAIL ROAD CO. v. NEW YORK CENTRAL R. CO.

No. 379, Docket 26371.

281 F.2d 379 (1960)

LONG ISLAND RAIL ROAD COMPANY, Brooklyn Eastern District Terminal, Bush Terminal Railroad Company and New York Dock Railway, Plaintiffs-Appellants, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 21, 1960.

Attorney(s) appearing for the Case

Richard H. Stokes, Asst. Gen. Counsel, The Long Island Rail Road Company, New York City, and John F. Finerty, New York City, Atty. for Brooklyn Eastern District Terminal (Otto M. Buerger, Jamaica, N. Y., Atty. for The Long Island Rail Road Company, Hays, St. John, Abramson & Heilbron, New York City, Attys. for Bush Terminal Railroad Company and New York Dock Railway, and Morris Shilensky, of Hays, St. John, Abramson & Heilbron, New York City, on the brief), for plaintiffs-appellants.

J. H. Shapiro, New York City (Gerald E. Dwyer and J. H. Colgren and G. J. Schwarz, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Plaintiff railroads appeal, 28 U.S.C. § 1292(a) (1), from an order of the District Court for the Eastern District of New York, in an action under § 1(20) of the Interstate Commerce Act, 49 U.S.C.A. § 1(20), refusing to grant a temporary injunction against defendant New York Central's establishing truck and tractor-trailer service to a new freight depot of the Central at 10 Jay Street, Brooklyn, as proposed in tariff schedules...

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