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NATIONAL WATER CARRIERS ASS'N v. UNITED STATES

120 F.Supp. 719 (1954)

NATIONAL WATER CARRIERS ASS'N et al. v. UNITED STATES et al.

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

February 26, 1954.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City, and Ned J. Parsekian, East Orange, N. J., for plaintiffs.

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

Henry D. Boynton, New Haven, Conn., and William A. Colton, New York City, for the railroads.

Before L. HAND, Circuit Judge, and GODDARD and DIMOCK, District Judges.

L. HAND, Circuit Judge.

This action is before a "three judge court," assembled under § 2325 of Title 28, U.S.Code: it seeks to invalidate an order of the Interstate Commerce Commission, establishing rates for the transportation of crushed stone between Westfield, Massachusetts and Calverton, Long Island, and between Branford, Connecticut and the same place. It comes on for final hearing upon the complaint, an answer of the United States and the Commission, an...

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