Willis D. WOOD, Anna M. Wood, Union College, Milbank Foundation, and John Vanneck, Marie Louise Bailey and Barbara Bailey Vanneck, as Executors of the Estate of Frank Bailey, deceased, Plaintiffs,
v.
UNITED STATES of America and Western Maryland Railway Company, Defendants,
and
Interstate Commerce Commission and Baltimore and Ohio Railroad Company, Intervening Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
June 13, 1955.
June 13, 1955.
Attorney(s) appearing for the Case
Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiffs (Lawrence A. Baker, Walter J. Holzka, Elliott E. Vose, New York City, of counsel).
Stanley N. Barnes, Asst. Atty. Gen., J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City, James E. Kilday, Albert Parker, Charles R. Esherick, Sp. Assts. to the Atty. Gen., for defendant, United States.
Davis Polk Wardwell Sunderland & Kiendl, New York City, for defendant Western Maryland Railway Co. (Thomas O'Gorman FitzGibbon, New York City, William C. Purnell, Baltimore, Md., S. Hazard Gillespie, Jr., New York City, Norman C. Melvin, Jr., Baltimore, Md., of counsel).
Edward M. Reidy, Gen. Counsel, Washington, D. C., Leo H. Pou, Associate Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.
F. E. Baukhages, Baltimore, Md., Robert Schwebel, New York City, for The Baltimore and Ohio Railroad Co., intervening defendant.
Before FRANK, Circuit Judge, and LEIBELL and WEINFELD, District Judges.
United States District Court S. D. New York.
LEIBELL, District Judge.
This is an action under Title 28 U.S. C. § 1336, to enjoin, set aside and annul an order of Division 4 of the Interstate Commerce Commission, dated October 14, 1954.1 A subsequent order made in a General Session of the Commission on February 21, 19552 denied reconsideration of the October 14, 1954 order and made said order effective as of February 21, 1955. The order of October...
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