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PORT OF NEW YORK AUTHORITY v. UNITED STATES

Nos. 71 Civ. 3427, 71 Civ. 3432.

338 F.Supp. 792 (1971)

The PORT OF NEW YORK AUTHORITY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. The CITY OF NEW YORK, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

August 3, 1971.

Attorney(s) appearing for the Case

Arthur L. Winn, Jr., Washington, D. C. (Sidney Goldstein, New York, City, of counsel), for Port of New York Authority.

Martin S. Snitow, Asst. Corp. Counsel, City of New York (J. Lee Rankin, Corp. Counsel, City of New York, and Norman Redlich and Sheila A. Mahony, Asst. Corp. Counsels, of counsel), for the City of New York.

Geraldine R. Keyes, I. C. C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I. C. C., Richard W. McLaren, Asst. Atty. Gen., and John H. D. Wigger, Atty., U. S. Dept. of Justice, Washington, D. C., Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., of counsel), for the United States and Interstate Commerce Comm.

MEMORANDUM

TENNEY, District Judge.

It appears to this Court, after due consideration, that it is without jurisdiction to temporarily restrain the June 28, 1971 order of the Interstate Commerce Commission, which order vacated its prior order suspending increased tariffs of Penn Central for its lighterage service in the Port of New York. Clearly, the reasons for the vacating of the Commission's prior order are excepted from judicial review. Oscar Mayer &...

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