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KENNY v. UNITED STATES

Civ. No. 1153-51.

103 F.Supp. 971 (1952)

KENNY et al. v. UNITED STATES et al.

United States District Court D. New Jersey.

March 26, 1952.

Attorney(s) appearing for the Case

Harold Krieger, Jersey City, N. J., for plaintiffs.

C. H. Johns, Washington, D. C., for Interstate Comm. Commission.

William A. Roberts, Washington, D. C., for Hudson & Manhattan R. R.

William J. Hickey, Special Asst. to Atty. Gen., Roger Yancey, Asst. U. S. Atty., Newark, N. J., for the United States.

Before HASTIE, Circuit Judge, and SMITH and HARTSHORNE, District Judges.

SMITH, District Judge.

This is a civil action under Sections 2321 to 2325, inclusive, of Title 28 U.S.C., 28 U.S.C.A. §§ 2321 to 2325. The jurisdiction of the Court is based upon the provisions of Section 1336 of Title 28 U.S.C., 28 U.S. C.A. § 1336. The plaintiffs seek: first, to set aside and annul an order heretofore entered by the Interstate Commerce Commission; and second, to enjoin the operation of a tariff filed by the Hudson & Manhattan...

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