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SALEM TRANSPORTATION CO. v. UNITED STATES

No. 68 Civ. 1248(MP).

314 F.Supp. 693 (1970)

SALEM TRANSPORTATION CO., Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Yellow Limousine Service, Inc., Intervenor.

United States District Court, S. D. New York.

June 29, 1970.

Attorney(s) appearing for the Case

Rosen & Rosen, by George H. Rosen, and William C. Rosen, Monticello, N. Y., for plaintiff.

Whitney North Seymour, U. S. Atty., S.D. New York, by John H. D. Wigger, Washington, D. C., Robert W. Gennane, Gen. Counsel, Interstate Commerce Commission, by Nahum Litt, Washington, D. C., for defendants.

Zelby & Burstein, by Arthur Liberstein, New York City, and Schnader, Harrison, Segal & Lewis, by William M. Barnes, Philadelphia, Pa., for intervenor.

Before KAUFMAN, Circuit Judge, and MacMAHON and POLLACK, District Judges.

OPINION

POLLACK, District Judge.

A three-judge district court has been convened pursuant to 28 U.S.C. §§ 2325 and 2284 on the complaint of Salem Transportation Co., Inc. ("Salem" hereafter) against the Interstate Commerce Commission ("ICC" hereafter). The complaint asserts that by an order the ICC issued in November, 1967, it is sanctioning a violation of a certificate of public convenience and necessity held by Salem's competitor, Yellow Limousine...

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