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

Civ. A. No. 60-C-595.

185 F.Supp. 673 (1960)

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

United States District Court E. D. New York.

June 28, 1960.


Attorney(s) appearing for the Case

Otto M. Buerger, Jamaica, N. Y., for plaintiff The Long Island R. R. Co., Richard H. Stokes, New York City, of counsel.

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

Hays, St. John, Abramson & Heilbron, New York City, for plaintiffs Bush Terminal R. Co. and New York Dock Ry., Morris Shilensky, Milton Sargoy, New York City, of counsel.

Gerald E. Dwyer, New York City, for defendant, J. H. Shapiro, J. H. Colgren, G. J. Schwarz, New York City, of counsel.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission, amicus curiae, Fritz R. Kahn, Washington, D. C., of counsel.


BARTELS, District Judge.

This is an action by plaintiffs under Sections 1(18) and 1(20) of the Interstate Commerce Act, 49 U.S.C.A. §§ 1 (18) and 1(20) [hereinafter referred to as "the Act"] and Section 1331 of the Judicial Code, 28 U.S.C. § 1331, to enjoin defendant, The New York Central Railroad Company, from establishing an off-track freight station known as the Jay Street Terminal and located at 10 Jay...

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