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BOARD OF PUBLIC UTILITY COM'RS OF N. J. v. UNITED STATES

Civ. No. 559-57.

158 F.Supp. 98 (1957)

BOARD OF PUBLIC UTILITY COMMISSIONERS OF The State of NEW JERSEY, and the State of New Jersey, Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, Defendants, and New York Central Railroad Company, Intervenor.

United States District Court D. New Jersey.

December 10, 1957.

Attorney(s) appearing for the Case

Grover C. Richman, Jr., Atty. Gen., of New Jersey, by David D. Furman, Trenton, N. J., and Maxwell A. Howell, Washington, D. C., Milton T. Lasher, Hackensack, N. J., for Bergen County, intervenor-plaintiff.

William A. Roberts, Washington, D. C., for intervenors and State of New Jersey.

James M. Davis, Jr., Mount Holly, N. J., for Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers and Robert J. Kilpatrick.

Kent F. Brown, Albany, N. Y., for New York Public Service Commission.

Archibald N. Jordan, New York City, for the Estate of Conrad Jordan, deceased.

Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., John H. Wigger, and Charlie H. Johns, Jr., Washington, D. C., for the United State and Interstate Commerce Commission.

Edward V. Ryan, Newark, N. J., and Gerald Dwyer, New York City, for New York Central Railroad Company.

Before McLAUGHLIN, Circuit Judge, and SMITH and WORTENDYKE, District Judges.

McLAUGHLIN, Circuit Judge.

This action, under 28 U.S.C. §§ 1336, 1398, 2284, 2321-2325 and 5 U.S.C.A. § 1009, is brought by the New Jersey agency administering that state's regulatory powers over public utilities and by the state itself. It arises from the Order of the Interstate Commerce Commission of May 15, 1957 which on petition for reconsideration filed by these plaintiffs and others, affirmed the jurisdiction of the Commission and sustained the...

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