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CALLANAN ROAD IMP. CO. v. UNITED STATES

Civ. No. 4273.

107 F.Supp. 184 (1952)

CALLANAN ROAD IMP. CO. v. UNITED STATES et al.

United States District Court N. D. New York.

Decided September 15, 1952.

Attorney(s) appearing for the Case

James E. Wilson, Washington, D. C. (Thomas W. Cantwell, Albany, N. Y., on the brief), for plaintiff.

William J. Hickey, Sp. Asst. to Atty. Gen. (Newell A. Clapp, Acting Asst. Atty. Gen., James E. Kilday, Sp. Asst. to Atty. Gen., and Edmund Port, U. S. Atty., Syracuse, N. Y., on the brief), for the United States.

H. Neil Garson, Atty., Interstate Commerce Commission, Washington, D. C. (Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for Interstate Commerce Commission.

R. Granville Curry, Washington, D. C. (Curry & Dolan and Frederick M. Dolan, Washington, D. C., Thacher, Proffitt, Prizer & Crawley and Paul L. Clugston, all of New York City, and Reilly & Reilly and Desmond F. Reilly, all of Albany, N. Y., on the brief), for Cornell Steamboat Co.

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

CLARK, Circuit Judge.

This is an action in usual form and course, 28 U.S.C.A. §§ 1336, 1398, 2284, 2321-2325, 49 U.S.C.A. §§ 17(9), 916(a), to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission which regulates the competition between certain common carriers by water on the Hudson River in New York and New Jersey. The plaintiff, holding the Commission's certificate of public convenience and necessity for "freighting...

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