NEW YORK CENTRAL RAILROAD CO. v. UNITED STATES


207 F.Supp. 483 (1962)

The NEW YORK CENTRAL RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Baltimore and Ohio Railroad Company, Western Maryland Railway Company, Canton Railroad Company, Maryland Port Authority, Baltimore Association of Commerce, The Delaware River Port Authority, and The City of Philadelphia, Intervening Defendants. ERIE-LACKAWANNA RAILROAD COMPANY and The Port of New York Authority, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Baltimore and Ohio Railroad Company, Western Maryland Railway Company, Canton Railroad Company, Maryland Port Authority, Baltimore Association of Commerce, The Delaware River Port Authority, and The City of Philadelphia, Intervening Defendants.

United States District Court S. D. New York.

June 27, 1962.


Attorney(s) appearing for the Case

H. Neil Garson, Washington, D. C. (Robert W. Ginnane, Washington, D. C., of counsel), for Interstate Commerce Commission, defendant.

Robert M. Morgenthau, U. S. Atty., by Arthur S. Olick, New York City (Lee Loevinger and John H. D. Wigger, Washington, D. C., of counsel), for United States of America, defendant.

William L. Marbury, Baltimore, Md., Franklin G. Allen, Karl J. Grimm, Baltimore, Md. (Donald M. Dunn, New York City, Jervis Langdon, Jr., Charles J. Henry, Jr., J. Crossan Cooper, Jr., William C. Purnell, Paul S. Sarbanes, Baltimore, Md., Donald Macleay, Washington, D. C., of counsel), for The Baltimore and Ohio Railroad Company, Western Maryland Railway Company, Canton Railroad Company, Maryland Port Authority, and Baltimore Association of Commerce, intervening defendants.

Mortimer B. Wolf, New York City, Lewis Kates, Philadelphia, Pa. (David Berger, Philadelphia, Pa., William C. Burt, Robert M. Beckman, Washington, D. C., of counsel), for The City of Philadelphia, intervening defendant.

Warren Price, Jr., Washington, D. C. (White & Case, New York City, Morris Duane, Francis W. Sullivan, Philadelphia, Pa., Bruce A. Wallace, Camden, N. J., of counsel), for The Delaware River Port Authority, intervening defendant.

Samuel H. Moerman, Washington, D. C. (M. C. Smith, Jr., J. T. Clark, Cleveland, Ohio, Sidney Goldstein, New York City, F. A. Mulhern, Newark, N. J., and Patrick J. Falvey, New York City, Arthur L. Winn, Jr., J. Raymond Clark and James M. Henderson, Washington, D. C., of counsel), for Erie-Lackawanna Railroad Company and The Port of New York Authority, plaintiffs.

Richard J. Murphy, Chicago, Ill., Gerald E. Dwyer, New York City (George J. Schwarz, Robert D. Brooks, New York City, of counsel), for The New York Central Railroad Company, plaintiff.

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


FRIENDLY, Circuit Judge.

In these two actions, brought under 28 U.S.C. §§ 1336, 2321-2325, plaintiffs (sometimes hereafter referred to as "the New York interests") seek to enjoin the enforcement of an order of the Interstate Commerce Commission, made on June 15, 1961, in I. & S. Docket No. 6074, Iron Ore from Eastern Ports to Central Freight Association Points, 314 I.C.C. 149, insofar as the order directed the New York Central and the Erie-Lackawanna...

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