WHITEHEAD BROTHERS COMPANY v. UNITED STATES

Civ. A. No. 65-563-J.

247 F.Supp. 614 (1965)

WHITEHEAD BROTHERS COMPANY, M. F. Roach Company, Harwich Lumber Company, and New Haven Trap Rock Co., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Massachusetts.

November 24, 1965.


Attorney(s) appearing for the Case

Foley, Hoag & Eliot, Clarence I. Peterson, Loyd M. Starrett, Lawrence A. Sullivan, Boston, Mass., for plaintiffs.

W. Arthur Garrity, Jr., U. S. Atty., John Paul Sullivan, Asst. U. S. Atty., Boston, Mass., Donald F. Turner, Asst Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Clarence William Vandegrift, Atty., I.C.C. Washington, D. C., John F. Curley, Atty., I.C.C., Boston, Mass., for the I.C.C.

Edmund M. Sweeney, Boston, Mass., Thomas P. Hackett, and James W. Grady, New Haven, Conn., for New York, New Haven, and Hartford Railroad Co., debtor (intervenor).

Before ALDRICH, Chief Judge of the Court of Appeals, and JULIAN and CAFFREY, District Judges.


JULIAN, District Judge.

The plaintiff Whitehead Brothers Company (Whitehead) seeks a preliminary injunction, pending final determination of this action, staying the operation of an order entered by the defendant Interstate Commerce Commission on July 21, 1965. This order granted the application of the intervening defendant, New York, New Haven and Hartford Railroad Company (the New Haven), for permission to abandon the...

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