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CITY OF PHILADELPHIA v. UNITED STATES

Civ. A. No. 29788.

197 F.Supp. 832 (1961)

CITY OF PHILADELPHIA et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court E. D. Pennsylvania.

September 25, 1961.

Attorney(s) appearing for the Case

M. Mark Mendel, Asst. City Sol., David Berger, City Sol., Herbert Smolen, Asst. City Sol., Philadelphia, Pa., for City of Philadelphia.

T. P. Shearer, Brandon & Shearer, Pittsburgh, Pa., for other plaintiffs.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Joseph S. Lord, 3rd, U. S. Atty., Philadelphia, Pa., for the United States.

Robert W. Ginnane, Gen. Counsel, C. H. Johns, Jr., Associate Gen. Counsel, I.C.C., Washington, D. C., for Interstate Commerce Commission.

Alfred W. Hesse, Jr., Philadelphia, Pa., for Reading Co.

Before BIGGS, Circuit Judge, and KRAFT and WOOD, District Judges.

WOOD, District Judge.

This action to set aside the order of the Interstate Commerce Commission, Division 3, dated May 17, 1961, in Finance Docket No. 21275, Reading Company Discontinuance of Service between Philadelphia and Bethlehem, Pa, was submitted to the court at a hearing on the merits on July 28, 1961. Upon consideration of the pleadings, the record before the Commission, and arguments and written briefs of counsel, we have reached the conclusion that the findings...

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