GABRIEL v. UNITED STATES

Civ. A. Nos. 74-471, 74-470 and 74-469.

416 F.Supp. 810 (1976)

James C. GABRIEL, pro se, et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Missouri Pacific Railroad Company, Defendant-Intervenor.

United States District Court, D. New Jersey.

April 20, 1976.


Attorney(s) appearing for the Case

James C. Gabriel, pro se.

John Charles Vaiani, pro se.

William R. Wesson, pro se.

Thomas E. Kauper, Asst. Atty. Gen. by John H. D. Wigger, Washington, D. C., Jonathan L. Goldstein, U. S. Atty., Newark, N. J. by Ronald L. Reisner, West Long Branch, N. J., for U. S.

Fritz R. Kahn, Gen. Counsel, by Hanford O'Hara, Washington, D. C., for I. C. C.

Milton Rosenkranz, Hackensack, N. J., Leon Leighton, New York City, for defendant-intervenor.

Before HUNTER, Circuit Judge, and WHIPPLE and FISHER, District Judges.


OPINION

CLARKSON S. FISHER, District Judge.

Plaintiffs, three disappointed stockholders of the Missouri-Pacific Railroad Company, (hereinafter MoPac), brought this action to set aside and annul an order of the Interstate Commerce Commission which granted authority to MoPac under the Interstate Commerce Act, 49 U.S.C. § 20a to issue securities in accordance with a plan submitted to the I.C.C. to recapitalize. Plaintiffs and others had opposed the plan...

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