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STATE OF NEW YORK v. UNITED STATES

Civ. 3832.

98 F.Supp. 855 (1951)

STATE OF NEW YORK et al. v. UNITED STATES et al.

United States District Court N. D. New York.

April 20, 1951.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Atty. Gen. State of New York, Samuel A. Hirshowitz, Asst. Atty. Gen., for petitioner, State of New York.

Sherman C. Ward, Acting Counsel Public Service Commission, Albany, N. Y. Joseph J. Doran, Asst. Counsel, Rochester, N. Y., Samuel R. Madison, Sp. Atty., Albany, N. Y., for petitioner, Public Service Commission.

William D. McFarlane Sp.Asst. to Atty. Gen., Irving J. Higbee, U. S. Atty., Syracuse, N. Y., for defendant, United States.

J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, Washington, D. C., for intervenor-defendant, Interstate Commerce Commission.

Edward R. Brumley, New York City, General Counsel, New York, New Haven & Hartford R. R., for intervenor-defendant, New York, New Haven & Hartford R. Co.

Emanuel Schwartz, New York City, for Town of Pelham.

Before CLARK, Circuit Judge, SMITH, District Judge, and BRENNAN, Chief Judge.

BRENNAN, Chief Judge.

This proceeding challenges the validity of a report of the Interstate Commerce Commission, dated October 9, 1950, and an order entered thereon on December 12, 1950.

For convenience the Public Service Commission of the State of New York will be referred to as the "P.S.C.", the Interstate Commerce Commission as the "I.C.C.", and the New York, New Haven and Hartford Railroad Company as the "New Haven".

The order of the I.C.C. sought...

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