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MAINTENANCE EMPLOYES v. U. S.

No. 681.

366 U.S. 169 (1961)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 1, 1961.

Attorney(s) appearing for the Case

William G. Mahoney argued the cause for appellants. With him on the brief were Clarence M. Mulholland, Edward J. Hickey, Jr., James L. Highsaw, Jr., George E. Brand and George E. Brand, Jr.

Solicitor General Cox argued the cause for appellees. With him on the brief were Assistant Attorney General Loevinger, Ralph S. Spritzer, Richard A. Solomon and Robert W. Ginnane.

Ralph L. McAfee argued the cause for the Erie-Lackawanna Railroad Co., appellee. With him on the brief were John H. Pickering, Richard D. Rohr and Thomas D. Caine.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The dispute in this case commenced when the Delaware, Lackawanna & Western Railroad Co. and the Erie Railroad Co. filed a joint application for approval by the Interstate Commerce Commission of a proposed merger, the surviving company to be known as the Erie-Lackawanna Railroad Co. Supervision by the Commission of railroad mergers is required by § 5 (2...

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