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AJAYEM LUMBER CORP. v. PENN CENTRAL TRANSP. CO.

Nos. 69 C 1585, 69 C 1586.

350 F.Supp. 111 (1972)

AJAYEM LUMBER CORP., Plaintiff, v. PENN CENTRAL TRANSPORTATION CO. et al., Defendants. The LONG ISLAND RAILROAD COMPANY, Third-Party Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Third-Party Defendants. PENN CENTRAL TRANSPORTATION CO. et al., Plaintiffs, v. The LONG ISLAND RAILROAD COMPANY, Defendant.

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

August 24, 1972.

Attorney(s) appearing for the Case

Speno, Goldberg, Moore & Margules, Mineola, N. Y., for plaintiff Ajayem Lumber Corp.; by H. Bradley Moore, Mineola, N. Y., of counsel.

George M. Onken, Jamaica, N. Y., for Long Island Railroad Co.; by Walter J. Myskowski, Washington, D. C., of counsel.

Jerome H. Shapiro, New York City, for Penn Central Transportation Co.; by Edward A. Kaier, Philadelphia, Pa., of counsel.

Raymond M. Zimmet, Washington, D. C., for Interstate Commerce Comm.

Lee A. Rau, Washington, D. C., for U. S. Dept. of Justice.

Robert A. Morse, U. S. Atty., E. D. of New York.

BARTELS, District Judge.

This action arises from the filing by the Traffic Executive Association-Eastern Railroads ("TEA-ER") of a master tariff increasing the joint freight rates1 of the Long Island Rail Road ("LIRR") and plaintiff railroads by 6% allegedly without the authority of the LIRR. Underlying the present controversy is the claim of the LIRR that its divisions of joint rates are inadequate as evidenced by the complaint filed...

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