HARLEM VALLEY TRANSPORTATION ASSOCIATION et al., Plaintiffs-Appellees,
v.
George M. STAFFORD, Chairman, Interstate Commerce Commission, Individually and in his Designated Official Capacity, and Interstate Commerce Commission of the United States, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 20, 1974.
Decided June 18, 1974.
Attorney(s) appearing for the Case
William Hoppen, Ardsley-on-Hudson, N. Y. (Murray A. Gordon, New York City, N. Y., on the brief), for Harlem Valley Transp. Assn., and other plaintiffs-appellees.
Thomas L. Creel, New York City, (Stuart J. Sinder, New York City on the brief), for Natural Resources Defense Council, Inc., plaintiff-appellee.
Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., and Henry J. Bourguignon, Atty., Dept. of Justice; Fritz R. Kahn, Gen. Counsel, and Arthur J. Cerra, Deputy Gen. Counsel, ICC, Washington, D. C., on the brief), for defendants-appellants.
Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Philip Weinberg and Thomas F. Harrison, Asst. Attys. Gen., New York City, on the brief for the State of New York, joined in by the States of Connecticut, Massachusetts, Pennsylvania and the City of Boston as amici curiae in support of appellees.
William M. Moloney, Carl V. Lyon and John B. Norton, Attys. for Assn. of American Railroads, Washington, D. C. and George J. Schwarz, New York City, on the brief as amicus curiae in support of appellants.
Before LUMBARD, FEINBERG, and MULLIGAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
The Interstate Commerce Commission (ICC) and its chairman, George M. Stafford, appeal from an order entered on July 6, 1973, in the Southern District of New York, which granted plaintiffs' motion for a preliminary injunction. The plaintiffs, a group of public-interest associations, business firms and individuals who claim that they or their members will be injured economically and inconvenienced if rail service in the Northeast is terminated...
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