HUDSON TRANSPORTATION COMPANY v. UNITED STATES

Civ. A. Nos. 362-62, 306-62.

219 F.Supp. 43 (1963)

HUDSON TRANSPORTATION COMPANY, Plaintiff, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants. Pennsylvania Public Utility Commission, Intervening Defendant. ARROW CARRIER CORPORATION, Plaintiff, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants. Pennsylvania Public Utility Commission, Intervening Defendant.

United States District Court D. New Jersey.

June 14, 1963.


Attorney(s) appearing for the Case

August W. Heckman, Jersey City, N. J., for plaintiff Hudson Transp. Co.

Evans, Hand, Evans, Allabough & Amoresano, Paterson, N. J., for plaintiff Arrow Carrier Corp.

David M. Satz, Jr., U. S. Atty., Newark, N. J., Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant, United States.

Robert W. Ginnane, Gen. Counsel, and H. Neil Garson, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

William A. Goichman, Asst. Counsel, Commonwealth of Pennsylvania, Harrisburg, Pa., for intervening defendant Pennsylvania Public Utility Comm.

John R. Sailer, Elizabeth, N. J., for intervening defendants Highway Express Lines, Inc., Rodgers Motor Lines, Inc., Fowler & Williams, Inc., and Modern Transfer Co.

Lum Biunno & Tompkins, Newark, N. J., for intervening defendant Pennsylvania R. Co.

Before McLAUGHLIN, Circuit Judge, and WORTENDYKE and LANE, District Judges.


McLAUGHLIN, Circuit Judge.

These are separate suits by unrelated parties brought under 28 U.S.C. § 1336 to set aside orders of the Interstate Commerce Commission. Because they involved similar issues the proceedings before the Interstate Commerce Commission were heard on a consolidated record, with the Examiner filing a single report and recommended order regarding them. They were reconsidered by Division One of the Interstate Commerce Commission which filed...

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