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NEW JERSEY v. NEW YORK, S. & W. R. CO.

No. 104.

372 U.S. 1 (1963)

NEW JERSEY ET AL. v. NEW YORK, SUSQUEHANNA & WESTERN RAILROAD CO.

Supreme Court of United States.

Decided February 18, 1963.

Attorney(s) appearing for the Case

William Gural, Deputy Attorney General of New Jersey, argued the cause for appellants. With him on the briefs was Arthur J. Sills, Attorney General.

Vincent P. Biunno argued the cause for appellee. With him on the brief was Charles H. Hoens, Jr.

Solicitor General Cox, Assistant Attorney General Loevinger, Robert B. Hummel, Irwin A. Seibel, Robert W. Ginnane and H. Neil Garson filed a brief for the United States and the Interstate Commerce Commission, urging reversal.

Briefs of amici curiae, urging reversal, were filed by Clarence M. Mulholland, Edward J. Hickey, Jr. and James L. Highsaw, Jr. for Railway Labor Executives' Association, and by Austin L. Roberts, Jr. for National Association of Railroad and Utilities Commissioners.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

This direct appeal from a three-judge District Court involves the jurisdiction of the Interstate Commerce Commission to permit discontinuance of trains operated by the appellee railroad wholly within the State of New Jersey. At issue is whether the discontinuance procedures of § 13a (1) or § 13a (2) of the Interstate Commerce Act (72 Stat. 571-572, 49 U. S. C. §§ 13a (1), 13a (2)) are...

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