RESORT BUS LINES, INC. v. I.C.C.

Civ. No. 66-2641.

264 F.Supp. 742 (1967)

RESORT BUS LINES, INC., Plaintiff, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Defendants, and Mountain View Coach Lines, Inc., Intervenor-Defendant.

United States District Court S. D. New York.

March 6, 1967.


Attorney(s) appearing for the Case

Samuel B. Zinder and Arthur J. Piken, Jamaica, N. Y., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for United States of America.

Robert W. Ginnane, General Counsel, Henri F. Rush, Jr., Attorney, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

James H. Glavin, III, Waterford, N. Y., for intervenor-defendant; Louis Lustenberger, New York City, Attorney of Record.

Before KAUFMAN, Circuit Judge, and WEINFELD and MacMAHON, District Judges.


OPINION

Irving R. Kaufman, Circuit Judge:

Resort Bus Lines, Inc. (Resort) seeks to have certain orders of the Interstate Commerce Commission (Commission) set aside and enjoined.1 The orders in question granted the application of Mountain View Coach Lines, Inc. (Mountain) for a certificate of public convenience and necessity, authorizing it to conduct interstate operations between Poughkeepsie, New York and Millbrook, New York...

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