NEW YORK CENTRAL RAILROAD COMPANY v. UNITED STATES


194 F.Supp. 947 (1961)

NEW YORK CENTRAL RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, National Motor Freight Traffic Association, Inc., the Eastern Central Motor Carriers Association, Inc., Boss-Linco, Inc., Interstate Motor Freight System, and Roadway Express, Inc., Waterways Freight Bureau, and the American Waterways Operators, Inc. and the Great Lakes Ship Owners Association, Intervening Defendants.

United States District Court S. D. New York.

June 14, 1961.


Attorney(s) appearing for the Case

Robert D. Brooks, New York City (Alfred A. Green and William C. Leiper, New York City, on the brief), for plaintiff.

Michael I. Miller, Atty., Dept. of Justice, Washington, D. C. (Lee Loevenger, Asst. Atty. Gen., and Robert M. Morgenthau, U. S. Atty., New York City, on the brief), for defendant United States.

Leonard S. Goodman, Atty., Interstate Commerce Commission, Washington, D. C. (Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for defendant Interstate Commerce Commission.

Frederick A. Babson, Jr., Washington, D. C. (Kenneth J. McAuliffe, New York City, Clyde B. Aitchison and John R. Turney, Washington, D. C., on the brief for Motor Carriers and Motor Carrier Ass'ns; Harry C. Ames, Washington, D. C., and Kenneth J. McAuliffe, New York City, on the brief, for Waterways Freight Bureau; and Kenneth J. McAuliffe, New York City, and John H. Eisenhart, Jr., Washington, D. C., on the brief for the American Waterways Operators, Inc. and the Great Lakes Ship Owners Ass'n), for intervenors.

Before FRIENDLY, Circuit Judge, and PALMIERI and METZNER, District Judges.


FRIENDLY, Circuit Judge.

This is an action by the New York Central Railroad, 28 U.S.C. §§ 1336, 2284 and 2321-2325, to enjoin orders of the Interstate Commerce Commission, in I. & S. Docket No. 7250, 313 I.C.C. 247, directing the Central to cancel tariffs, which had become effective due to expiration of the seven months' period of suspension, 49 U.S.C.A. § 15(7), establishing reduced commodity rates on rugs and carpeting in carloads from Amsterdam...

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