DELAWARE AND HUDSON RAILROAD CORP. v. UNITED STATES

No. 67 Civ. 2451.

279 F.Supp. 311 (1967)

The DELAWARE AND HUDSON RAILROAD CORPORATION, Plaintiff, Boston and Maine Corporation, Intervening Plaintiff, v. UNITED STATES of America, Defendant, Interstate Commerce Commission, Intervening Defendant.

United States District Court S. D. New York.

July 26, 1967.


Attorney(s) appearing for the Case

Shea & Gardner, Washington, D. C., for trustees of property of Central Railroad of New Jersey, debtor, William H. Dempsey, Jr., Washington, D. C., of counsel.

Gordon P. MacDougall, Washington, D. C., for City of Scranton and Milton J. Shapp.

Richard J. Lally, New York City, for Central Railroad of New Jersey.

Kelley, Drye, Newhall, Maginnes & Warren, New York City, for Norfolk & Western Railway, Frank H. Heiss, New York City, of counsel.

Migdal, Low, Tenney & Glass, New York City, for New Haven Bondholders Committee, Lawrence W. Pollack, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for Erie-Lackawanna Railroad, Thomas D. Barr, and Eldon Olson, New York City, of counsel.

Hogan & Hartson, Washington, D. C., for Boston & Maine Corp., Edward A. McDermott and James A. Belson, Washington, D. C., of counsel.

Gerald E. Dwyer, New York City, for New York Central Railroad Company, James B. Gray, and J. H. Shapiro, New York City, of counsel.

Robert W. Ginnane, and Fritz R. Kahn, Washington, D. C., for Interstate Commerce Commission.

Conboy, Hewitt, O'Brien & Boardman, New York City, for The Pennsylvania Railroad Company, Hobart L. Brinsmade, David J. Mountan, Jr., New York City, and Windsor F. Cousins, Philadelphia, Pa., of counsel.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Brian J. Gallagher, Asst. U. S. Atty., for the United States and Interstate Commerce Commission.

Howard E. Shapiro, and William R. Weissman, Attys., Department of Justice. Richard B. Wachenfeld, Hoboken, N. J., for the Central R. R. Co. of New Jersey.

Sidley & Austin, Chicago, Ill., for Norfolk & Western Railway Co., Howard J. Trienens, Chicago, Ill., of counsel.

Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for Delaware & Hudson Railroad Corp., Harry G. Silleck, Jr., New York City, of counsel.

Before FRIENDLY, Circuit Judge, and WEINFELD and LEVET, District Judges.


Memorandum on Motions to Set Schedule and to Join N & W.

PER CURIAM.

The United States of America and the Interstate Commerce Commission have moved this Court to establish an expedited briefing schedule in this action; appended to their motion is a copy of the Amended Pre-Trial Order of the District Court for the Western District of Virginia in Norfolk and Western Railway Co. v. United States of America,...

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