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AJAYEM LUMBER CORP. v. PENN CENTRAL TRANSPORTATION CO.

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

496 F.2d 21 (1974)

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 Plaintiff-Appellant, and Interstate Commerce Commission, Third-Party Plaintiff-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 March 29, 1974.

On Rehearing May 1, 1974.

Attorney(s) appearing for the Case

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

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 U. S.

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

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.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.

PER CURIAM.

Appellant Long Island Rail Road Company petitions for clarification of our order of November 7, 1973, with respect to the measure of damages which the Long Island is entitled to recover.

In the absence of some showing to the contrary, it would appear that the Long Island is entitled to any net revenue reduction caused by the increased joint rates to which it objected. In order to recover the Long Island would have to show the reduction in traffic...

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