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McGRODY v. BALTIMORE AND OHIO RAILROAD

Civ. A. No. 33128.

217 F.Supp. 252 (1963)

John J. McGRODY and International Organization of Masters, Mates and Pilots of America, by its Trustee ad litem, John Underhill v. BALTIMORE AND OHIO RAILROAD.

United States District Court E. D. Pennsylvania.

May 9, 1963.

Attorney(s) appearing for the Case

Wilderman, Markowitz & Kirschner, Richard Kirschner, Philadelphia, Pa., for plaintiffs.

Sydney R. Prince, Jr., Baltimore, Md., John A. Shrader, Philadelphia, Pa., for defendant.

JOSEPH S. LORD, III, District Judge.

This is an action under § 1(20) of the Interstate Commerce Act, 49 U.S.C.A. § 1(20), to enjoin an alleged abandonment by defendant railroad of a river tugboat operation without having first obtained a certificate of public convenience and necessity to abandon, purportedly in violation of § 1(18) of the Act. Individual plaintiff was formerly employed by defendant as captain of its tug. Plaintiff

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