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SMITH v. UNITED STATES

Civ. A. No. 9165.

211 F.Supp. 66 (1962)

Richard Joyce SMITH, William J. Kirk, Harry W. Dorigan, Trustees of the Property of the New York, New Haven and Hartford Railroad Company, Debtors, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Railway Labor Executives' Association, Defendant-Intervenor.

United States District Court D. Connecticut.

November 14, 1962.

Attorney(s) appearing for the Case

Eugene E. Hunt, New Haven, Conn. (James W. Grady, New Haven, Conn.), for plaintiffs.

Leonard S. Goodman, Atty., Interstate Commerce Commission, Washington, D. C. (Lee Loevinger, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Robert C. Zampano, U. S. Atty., Dist. of Conn., New Haven, Conn., Joel E. Hoffman, Atty., of Dept. of Justice, Washington, D. C., and Robert W. Ginnane, Gen. Counsel, I.C.C., Washington, D. C.), for defendants.

William G. Mahoney, Washington, D. C. (Dennis N. Garvey, New Haven, Conn.), for defendant-intervenor.

Before SMITH, Circuit Judge, and ANDERSON and BLUMENFELD, District Judges.

ANDERSON, District Judge.

This action is brought to set aside those portions of an order of the Interstate Commerce Commission which, in connection with a certificate of public convenience and necessity, granting leave to the plaintiff Railroad to abandon 4.76 miles of track, imposed provisos, known as the Burlington conditions, for the protection of employees adversely affected by such abandonment.

On August 18, 1955 severe storms resulted in a large number...

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