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NEW YORK, SUSQUEHANNA & WESTERN R. CO. v. UNITED STATES

Civ. A. No. 401-61.

200 F.Supp. 860 (1961)

NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, State of New Jersey, and Board of Public Utility Commissioners of the State of New Jersey, Defendants.

United States District Court D. New Jersey.

December 7, 1961.

Attorney(s) appearing for the Case

Lum, Biunno & Tompkins, by Vincent P. Biunno, Newark, N. J., for plaintiff.

David M. Satz, Jr., U. S. Atty., Newark, N. J., by Raymond W. Young, Asst. U. S. Atty., North Bergen, N. J., and H. Neil Garson, Washington, D. C., for the United States and Interstate Commerce Commission; John H. D. Wigger, Lee Loevinger, C. H. Johns, Jr., Robert W. Ginnane, Washington, D. C., of counsel.

David D. Furman, Atty. Gen. of New Jersey, by Richard Green, Deputy Atty. Gen., for State of New Jersey and Bd. of Public Utility Com'rs.

Before McLAUGHLIN and FORMAN, Circuit Judges, and WORTENDYKE, District Judge.

WORTENDYKE, District Judge.

In this action the plaintiff, Susquehanna, seeks a judgment setting aside two certain "orders" of the Interstate Commerce Commission made on January 18, 1961 and May 10, 1961, respectively.

This Court has jurisdiction by virtue of the provisions of 28 U.S.C. § 1336, which is being exercised appropriately as a three-judge court in accordance with the procedure prescribed by §§ 2321 to 2325 inclusive, and § 2284...

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