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IN RE INTRASTATE INDUSTRIAL SAND RATES

66 N.J. 12 (1974)

327 A.2d 427

IN THE MATTER OF PROPOSED INCREASED INTRASTATE INDUSTRIAL SAND RATES BY THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, R.D. TIMPANY, TRUSTEE.

The Supreme Court of New Jersey.

Decided October 23, 1974.

Attorney(s) appearing for the Case

Mr. J. Edgar McDonald, of the New York bar, argued the cause for the appellant Trustee (Mr. Richard B. Wachenfeld, attorney).

Mr. Howard T. Rosen argued the cause for the respondents Thatcher Glass Manufacturing Co., Owens-Illinois, Inc., Midland Glass Co., Metro Container Corp., and Pennsylvania Glass Sand Corp. (Messrs. Rosen and Weiss, attorneys; Mr. Howard T. Rosen, of counsel; Mr. Walter G. Reinhard, on the brief).

Mr. William Gural, Deputy Attorney General, argued the cause for the Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by HUGHES, C.J.

The Central Railroad Company of New Jersey ("CNJ" or "railroad") has been so impoverished that since 1967 it has been a Debtor in Reorganization under the Bankruptcy Act under the supervision of the United States District Court for the District of New Jersey, has been forced to appeal to the Interstate Commerce Commission for permission to abandon some of its interstate...

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