BOSTON AND MAINE RAILROAD et al., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
BOSTON AND MAINE CORPORATION, Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
United States District Court D. Massachusetts.https://leagle.com/images/logo.png
March 18, 1969.
March 18, 1969.
Attorney(s) appearing for the Case
John J. Nee, Roslindale, Mass., and William Crooks, Jr., Marblehead, Mass., for B & M Corp.
Edmund M. Sweeney, Boston, Mass., for New York, New Haven & Hartford R.R.
David G. Scannell and M. Lauck, Walton, Donovan, Leisure, Newton & Irvine, New York City, for B & M and N. Y., New Haven & Hartford.
Richard J. Ferriter, Boston, Mass., and John C. Danielson, Chicago, Ill., for Chicago & North Western R. Co. et al.
Andrew Lane and John O. Parker, Boston, Mass., for Southern R. Co., and Chicago, Milwaukee, St. Paul and Pacific R. Co.
Jerome Shapiro and John Colgren, New York City, Richard R. Bongartz, Philadelphia, Pa., for Penn Cent. R. Co.
John E. O'Keefe, Boston, Mass., Richard H. Stokes, Jamaica, N. Y., for Long Island R. Co. and others.
MacDonald & McInerny, Washington, D. C., for Southern R. Co., etc.
Paul F. Markham, U. S. Atty., Edward F. Harrington, Asst. U. S. Atty., Boston, Mass., for United States.
Jerome Nelson, Washington, D. C., Ramsey Clark, Atty. Gen., Dept. of Justice, Washington, D. C., for defendant, ICC.
Stephen Hopkins, Neal Holland, Sherburne, Powers & Needham, Boston, Mass., Sidley & Austin, Martin M. Lucente, Chicago, Ill., for Atchison, Topeka & Santa Fe and others.
Before WOODBURY, Senior Circuit Judge, and WYZANSKI and GARRITY, District Judges.
United States District Court D. Massachusetts.
OPINION OF THE COURT.
WOODBURY, Senior Circuit Judge.
This is another chapter in protracted litigation, primarily between long-haul freight originating railroads and short-haul freight terminating railroads, over the price one railroad should pay for the use on its line of another railroad's freight cars. In a previous chapter this court held, one judge dissenting, that the Interstate Commerce Commission had jurisdiction to enter an order at the behest of...
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