NEW YORK CENTRAL RAILROAD COMPANY v. UNITED STATES

No. 66 Civ. 1484.

267 F.Supp. 619 (1967)

The NEW YORK CENTRAL RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

April 28, 1967.


Attorney(s) appearing for the Case

John A. Daily, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., and Michael Hess, Asst. U. S. Atty., New York City, for defendant United States of America.

I. K. Hay, Deputy General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Sidney Goldstein, New York City and James M. Henderson, Washington, D. C., for Port of New York Authority, intervening defendant.

Wilmer A. Hill, Washington, D. C., Ames, Hill & Ames, Washington, D. C., and Thomas D. Shea, New York City, for intervening defendants Acme Fast Freight et al.

Richard R. Sigmon, Washington, D. C., Rice, Carpenter & Carraway, Washington, D. C., and Thomas D. Shea, New York City, for intervening defendants Eastern Central Motor Carriers Ass'n, Inc. and The Waterways Freight Bureau.

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


LEVET, District Judge.

This action was brought by the plaintiffs under §§ 1336, 1398, 2284 and 2321 through 2325 of Title 28, U.S.C. to set aside and enjoin the order of the Interstate Commerce Commission, No. 34254, April 1, 1966, cited as Application of Section 4 Requirements to Joint Motor-Rail Rates Established Under Section 216(c), 326 ICC 453. The Commission's decision also embraces I & S Docket No. 7956, Petroleum, TOFC, Sewaren, N. J., to Zionsville...

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