STATE OF NEW YORK et al., Plaintiffs,
v.
UNITED STATES of America et al., Defendants.
United States District Court W. D. New York.https://leagle.com/images/logo.png
July 14, 1966.
July 14, 1966.
Attorney(s) appearing for the Case
Walter J. Myskowski, Washington, D. C. (Louis J. Lefkowitz, Atty. Gen., Dunton F. Tynan, Asst. Sol. Gen., Ruth Kessler Toch, Acting Sol. Gen., and Matthew A. Tiffany, Asst. Atty. Gen., on the brief), for plaintiff State of New York.
Joseph A. Nicosia, Asst. Corporation Counsel, Buffalo, N. Y. (Anthony Manguso, Corporation Counsel, on the brief), for plaintiff City of Buffalo.
Robert W. Tills, Buffalo, N. Y. (Norman A. Stiller, County Atty., on the brief), for plaintiff Erie County.
Thomas P. McMahon, Buffalo, N. Y., for plaintiff Buffalo Industrial Progress Council.
Leonard S. Goodman, Asst. General Counsel, Interstate Commerce Commission, Washington, D. C. (Edwin M. Zimmerman, Acting Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, John T. Curtin, U. S. Atty., Robert W. Ginnane, General Counsel, Interstate Commerce Commission, on the brief), for defendants United States of America and Interstate Commerce Commission.
D. M. Tolmie, Philadelphia, Pa. (R. J. Murphy, Chicago, Ill., T. L. Samuel, Baltimore, Md., and Ellsworth A. Van Graafeiland, Rochester, N. Y., on the brief), for railroads intervening as defendants.
Eugene T. Liipfert, Washington, D. C. (Walter E. Alessandroni, Atty. Gen. of Pennsylvania, Edward Friedman, Deputy Atty. Gen., Joseph Martin Gelman, Sp. Asst. Atty. Gen., and Clarence R. Runals, Niagara Falls, N. Y., on the brief), for Commonwealth of Pennsylvania, Port Authority of Allegheny County, Regional Industrial Development Corporation of Southwestern Pennsylvania, and Bay State Milling Company, Inc., intervening defendants.
Before FRIENDLY, Circuit Judge, and BURKE and HENDERSON, District Judges.
United States District Court W. D. New York.
FRIENDLY, Circuit Judge:
This action by the State of New York, the County of Erie, the City of Buffalo, and the Buffalo Industrial Progress Council puts in question the validity of a report and order of the Interstate Commerce Commission ruling that reduced rates initiated by certain railroads from Pittsburgh to nine destinations in trunkline territory were just and reasonable, and granting fourth section relief as to two such destinations. Fully recognizing the seriousness...
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