PENN CENTRAL COMPANY v. BUCKLEY & CO.

No. 17757.

415 F.2d 762 (1969)

PENN CENTRAL COMPANY, Appellant, v. BUCKLEY & CO., Inc., Schiavone Construction Company, Schiavone-Buckley, Operating as a Joint Venture With Principal Offices at 1600 Paterson Plank Road, Paterson, New Jersey.

United States Court of Appeals Third Circuit.

Decided August 5, 1969.


Attorney(s) appearing for the Case

Walter J. Fessler, Lum, Biunno & Tompkins, Newark, N. J. (Joseph R. McMahon, Newark, N. J., Carl Helmetag, Jr., Philadelphia, Pa., on the brief), for plaintiff-appellant.

Jerome M. Lynes, Nolan & Lynes, Newark, N. J. (Ernest R. Nuzzo, Newark, N. J., on the brief), for defendants-appellees.

Before HASTIE, Chief Judge, and McLAUGHLIN and SEITZ, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

This appeal has been taken from an order denying injunctive relief in a maritime proceeding.

The plaintiff railroad owns and operates a swing draw bridge which spans the Hackensack River in New Jersey and carries a large amount of passenger and freight traffic to and from New York City. To permit the passage of vessels requiring a clearance of more than 25 feet the bridge is swung open on an electrically operated...

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