IN RE TRAFFIC EXECUTIVE ASS'N—E. RAILROADS

No. 1427, Docket 79-3082.

627 F.2d 631 (1980)

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

United States Court of Appeals, Second Circuit.

Decided August 11, 1980.


Attorney(s) appearing for the Case

Leonard Garment, Harry G. Silleck, Jr., Douglas M. Parker, John L. Altieri, Jr., Robert A. Jaffe, New York City (Mudge Rose Guthrie & Alexander, New York City, N. Y., on brief), for certain third-party defendants and petitioners.

Walter J. Myskowski, Washington, D. C., Thomas M. Taranto, Jamaica, N. Y., for petitioner, defendant, and third-party plaintiff Long Island Rail Road.

J. Peter Coll, Jr., New York City (Donovan, Leisure, Newton & Irvine, New York City, Covington & Burling, Washington, D. C., on brief), for certain third-party defendants and petitioners.


VAN GRAAFEILAND, Circuit Judge:

Petitioners seek a writ of mandamus directing Judge John Bartels of the United States District Court for the Eastern District of New York to approve a proposed settlement in this class action. The petition is denied.

Plaintiffs, who are shipping customers of defendant Long Island Rail Road, commenced this action on behalf of themselves and a class of shippers to recover freight overcharges resulting from rate increases held...

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