NEW YORK, NEW HAVEN AND HARTFORD RAILROAD CO. v. LEHIGH AND NEW ENGLAND RAILROAD CO.

Nos. 251, 252, Dockets 26505-26506.

287 F.2d 678 (1961)

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Appellant, v. LEHIGH AND NEW ENGLAND RAILROAD, COMPANY, Appellee. BOSTON AND MAINE RAILROAD, Appellant, v. LEHIGH AND NEW ENGLAND RAILROAD COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided March 8, 1961.


Attorney(s) appearing for the Case

Herbert Burstein, New York City (William T. Griffin, New York City, on the brief), for appellants Boston & Maine Railroad and New York, New Haven and Hartford Railroad Company.

Covington Hardee, New York City (Donald L. Wallace, James E. Pratt and Clark, Carr & Ellis, New York City, on the brief), Harold B. Bornemann, of counsel, for appellee Lehigh and New England Railroad Company.

Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.


PER CURIAM.

The plaintiff-appellants, both of which sued the defendant railroad for balances allegedly due the plaintiffs for interline freight operations, moved below for summary judgment and, alternatively, for orders striking parts of the defendant's answers and its counterclaim or staying or severing proceedings on the counterclaims pending a determination by the Interstate Commerce Commission. All these motions, as well as the defendant-appellee's cross-motion...

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