PORT OF NEW YORK AUTHORITY v. UNITED STATES

Nos. 196, 197, Dockets 71-1769, 71-1770.

451 F.2d 783 (1971)

The PORT OF NEW YORK AUTHORITY, Plaintiff-Appellant, v. UNITED STATES of America and Interstate Commerce Commission, Defendants-Appellees. The CITY OF NEW YORK, Plaintiff-Appellant, v. UNITED STATES of America and Interstate Commerce Commission, Defendants-Appellees. Penn Central Transportation Company (Baker, Bond, Langdon and Wirtz, Trustees), Intervenor in Support of The Interstate Commerce Commission, and State of New York, Applicant for Intervention.

United States Court of Appeals, Second Circuit.

Decided November 9, 1971.


Attorney(s) appearing for the Case

Arthur L. Winn, Jr., New York City (Sidney Goldstein, New York City, of counsel), for appellant The Port of New York Authority.

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

Geraldine R. Keyes, Atty., I. C. C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I. C. C., Washington, D. 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., New York City, of counsel), for appellees United States and I. C. C.

John A. Daily, New York City (Jerome H. Shapiro, New York City of counsel), for intervenor in support of the I. C. C.

Thomas F. Harrison, Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Philip Weinberg, Asst. Atty. Gen., New York City, of counsel), for applicant for intervention State of New York.

Before MOORE, SMITH and HAYS, Circuit Judges.


MOORE, Circuit Judge:

The Port of New York Authority (Port Authority) and the City of New York (City) appeal from an order of the United States District Court for the Southern District of New York that denied their request for a temporary restraining order, dismissed their complaint, and refused to convene a three-judge district court.1 The object of the appellants' complaint is an order of the...

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