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BANTA v. UNITED STATES

Civ. A. 878-56.

152 F.Supp. 59 (1957)

Horace BANTA, Trustee of the Property of The New Jersey and New York Railroad Company, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

May 13, 1957.

Attorney(s) appearing for the Case

Justin W. Seymour, Orange, N. J., for plaintiff.

U. S. Atty. B. Franklin Taylor, Jr., I. C. C. Office of the General Counsel, Washington, D. C., for defendant.

Before GOODRICH, Circuit Judge, and WILLIAM F. SMITH and MEANEY, District Judges.

GOODRICH, Circuit Judge.

The plaintiff brings this action for a decree "suspending, enjoining, annulling and setting * * * aside" an order of the Interstate Commerce Commission and for an order directing the Commission to grant affirmative relief. It is an appeal from a Commission order to a three-judge district court pursuant to 28 U.S.C. §§ 1336, 2284 and 2321-2325.

The factual story is short and undisputed...

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