MEYERS v. JAY STREET CONNECTING RAILROAD

No. 96, Docket 25709.

288 F.2d 356 (1961)

Williams MEYERS, Standard Brands Incorporated, Brillo Manufacturing Co., Inc., Atlantic Gummed Paper Corp., Warshaw Manufacturing, Inc., and Abraham & Straus Division of Federated Department Stores, Inc., Plaintiffs-Appellees, v. JAY STREET CONNECTING RAILROAD, and Moses Spatt, Milton E. Spatt, Joseph S. Wohl, and Herbert S. Struller, individually and as officers and directors thereof, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 3, 1961.


Attorney(s) appearing for the Case

Richard Swan Buell, Buell, Clifton & Turner, New York City (Andrew M. Calamari, Michael J. Whelan, New York City, on the brief), for William Meyers, Atlantic Gummed Paper Corp. and Warshaw Manufacturing, Inc., plaintiffs-appellees.

Morris Gottlieb, New York City, for Brillo Mfg. Co., Inc., plaintiff-appellee.

Jacob Imberman, New York City (Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for Abraham & Straus Division of Federated Department Stores, Inc., plaintiff-appellee.

Whitney North Seymour, New York City (Richard Hawkins, Robert S. Carlson, Simpson Thacher & Bartlett, New York City, on the brief), for defendants-appellants.

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


LUMBARD, Chief Judge.

The Jay Street Connecting Railroad, whose main track extends for seven city blocks along the East River in Brooklyn, and four of its officers and directors appeal from an order enjoining them from abandoning the road until a certificate of the Interstate Commerce Commission permitting abandonment of the Jay Street line became effective. Since the injunction issued on May 26, 1959, the railroad has shut down pursuant to the Commission's certificate...

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