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AXINN & SONS LUMBER CO. v. LONG ISLAND R. CO.

No. 75-C-280.

518 F.Supp. 733 (1978)

AXINN & SONS LUMBER CO., INC., et al., Plaintiffs, v. The LONG ISLAND RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. TRAFFIC EXECUTIVE ASSOCIATION-EASTERN RAILROADS, et al., Third-Party Defendants.

United States District Court, E. D. New York.

May 12, 1978.

Attorney(s) appearing for the Case

George Carl Pezold, Huntington, N. Y., for plaintiffs; Thomas R. Hirschmann, Augello & Pezold, P. C., Huntington, N. Y., of counsel.

George M. Onken, Richard H. Stokes, Armand J. Prisco, Jamaica, N. Y., Walter J. Myskowski, Washington, D. C., for defendant and third-party plaintiff.

Harry G. Silleck, Jr., Leonard Garment, Douglas M. Parker, John L. Altieri, Jr., Mudge, Rose, Guthrie & Alexander, New York City, Donovan, Leisure, Newton & Irvine, New York City, for certain third-party defendants; Covington & Burling, Washington, D. C., of counsel.

BARTELS, District Judge.

On February 21, 1978, this court rendered a decision and order denying defendant's and third-party defendants' motion to dismiss plaintiffs' amended complaint, and limiting the plaintiffs' claims in the above entitled matter to the intervals between the initial filing of Ex Parte Nos. 262, 265, 267 and 281 and the respective findings of reasonableness made by the Interstate Commerce Commission on each of these increases. Both plaintiff, Axinn...

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