ERIE-LACKAWANNA RAILROAD COMPANY v. UNITED STATES

Nos. 66 Civ. 2860, 2903, 2914, 2451.

279 F.Supp. 313 (1967)

ERIE-LACKAWANNA RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. The BALTIMORE AND OHIO RAILROAD COMPANY, the Chesapeake and Ohio Railway Company, Norfolk and Western Railway Company, Plaintiffs, v. UNITED STATES of America, Defendant. The CENTRAL RAILROAD COMPANY OF NEW JERSEY and Reading Company, Plaintiffs, v. UNITED STATES of America, Defendant. The DELAWARE AND HUDSON RAILROAD CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant, and 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 the 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 the 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., Dept. of Justice, of counsel.

Richard B. Wachenfeld, Hoboken, N. J., for the Central RR 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 LEVET and WEINFELD, District Judges.


Memorandum on Motion for Injunction

PER CURIAM.

The United States of America and the Interstate Commerce Commission have moved this Court to enjoin

(1) the Norfolk and Western Railway Company from taking any further action in Civil Action No. 67-C-51-R, Norfolk and Western Ry. v. United States, before the United States District Court for the Western District of Virginia; and (2) the City of...

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