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VILLAGE OF CANDOR v. UNITED STATES

Civ. A. No. 6505.

151 F.Supp. 889 (1957)

VILLAGE OF CANDOR, Ward & Van Scoy, Inc., Candor Cooperative G.L.F. Service, Inc., Philip M. King, President of Candor Business Bureau, Arthur Hollenbeck and Gerald Hollenbeck, copartners, doing business under the firm name and style of Arthur Hollenbeck & Son, and Town of Candor, Plaintiffs, v. UNITED STATES of America and The Delaware, Lackawanna & Western Railroad Company, Defendants, and INTERSTATE COMMERCE COMMISSION, Intervening Defendant.

United States District Court N. D. New York.

May 21, 1957.

Attorney(s) appearing for the Case

Harrison, Coughlin, Dermody & Ingalls, George Coughlin and Bertram W. Eisenberg, Binghamton, N. Y., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., Charles R. Esherick, Dept. of Justice, Washington, D. C., for defendant United States.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., by Raymond Hackbarth, Syracuse, and Richard Costello, New York City, for defendant Delaware, L. & W. R. Co.

Robert W. Ginnane, Gen. Counsel, B. Franklin Taylor, Jr., Washington, D. C., for intervening defendant Interstate Commerce Commission.

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

BRENNAN, District Judge.

This action is brought to enjoin, set aside and annul certain orders of the Interstate Commerce Commission which in effect authorize the abandonment by defendant, Delaware, Lackawanna & Western Railroad Company, of its branch line running from the Village of Owego, New York, to the City of Ithaca, New York. Jurisdiction is based upon the appropriate provisions of the statutes 49 U.S.C.A. &...

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