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AJAYEM LUMBER CORP. v. PENN CENTRAL TRANSPORTATION CO.

Nos. 843, 848, Dockets 72-2123, 72-2189.

487 F.2d 179 (1973)

AJAYEM LUMBER CORP., Plaintiff-Appellee, v. PENN CENTRAL TRANSPORTATION CO. et al., Defendants-Appellees, The Long Island Rail Road Company, Defendant-Appellant. The LONG ISLAND RAIL ROAD COMPANY, Third-Party Plaintiff-Appellant, v. UNITED STATES of America, Third-Party Defendant-Appellant, and Interstate Commerce Commission, Third-Party Defendant-Appellee. PENN CENTRAL TRANSPORTATION CO. et al., Plaintiffs-Appellees, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 7, 1973.

Attorney(s) appearing for the Case

John B. Wyss, Washington, D. C. (Carl D. Lawson, Thomas E. Kauper, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., on the brief), for appellant United States.

Raymond M. Zimmet, Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I. C. C., Washington, D. C., on the brief), for appellee I. C. C.

Edward A. Kaier, Philadelphia, Pa. (Jerome H. Shapiro, New York City, Richard J. Murphy, Philadelphia, Pa., Richard B. Wachenfeld, Newark, N. J., Frederick G. Hoffmann, New York City, Andrew C. Armstrong, Baltimore, Md., on the brief), for appellee Railroads.

Walter J. Myskowski, Washington, D. C. (George M. Onken, Jamaica, Robert R. Prince, New York City, Richard H. Stokes, Jamaica, on the brief), for appellant Long Island Rail Road Co.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from a decision and order of the United States District Court for the Eastern District of New York in a case which has had a four year history of litigation and adjudication in the Interstate Commerce Commission and the courts. Although there are innumerable complexities involved in the issue of rate-making for railroad carriers of freight, the sole issue upon which this appeal rests is whether the Long Island Rail Road successfully...

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