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CITY OF NEW YORK v. UNITED STATES

Civ. No. 71-C-1639.

344 F.Supp. 929 (1972)

CITY OF NEW YORK, Plaintiff, and State of New York, Intervening Plaintiff, v. The UNITED STATES of America et al., Defendants.

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

June 7, 1972.

Attorney(s) appearing for the Case

Louis L. Walters, Brooklyn, N. Y. (J. Lee Rankin, Corp. Counsel, Peter C. Demetri, Garden City, of counsel), for plaintiff.

John C. McTiernan, Asst. Counsel, New York State Dept. of Transportation, for intervening plaintiff, State of New York.

Theodore C. Knappen, Washington, D. C., Atty., I. C. C., for defendants, I. C. C. and United States.

G. Clark Cummings, New York City, for defendant, Bush Terminal Railroad.

Before FRIENDLY, Chief Circuit Judge, MISHLER, Chief District Judge, and WEINSTEIN, District Judge.

FRIENDLY, Chief Circuit Judge:

This is a further step in extended administrative and judicial consideration whether Bush Terminal Railroad Company (the Railroad) should be allowed to abandon its entire operation in Kings County, New York, and Hudson County, New Jersey. The facts surrounding the Railroad's operations, its history, its physical and financial condition through 1969, and its relationship to Bush Universal...

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