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NEW YORK CENTRAL RAILROAD COMPANY v. UNITED STATES

199 F.Supp. 955 (1961)

NEW YORK CENTRAL RAILROAD COMPANY, The Pennsylvania RAILROAD Company, The New York, Chicago and St. Louis Railroad Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, National Tank Truck Carriers, Inc., Intervening Defendant.

United States District Court S. D. New York.

December 7, 1961.

Attorney(s) appearing for the Case

John A. Daily, New York City (Robert G. Boes, Cleveland, Ohio, and Paul R. Duke, Philadelphia, Pa., on the brief), for plaintiffs.

Leonard S. Goodman, Atty., Interstate Commerce Commission, Washington, D. C. (Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Lee Loevinger, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, Richard A. Solomon, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendants.

Richard J. Hardy, Chicago, Ill. (Christopher E. Heckman, New York City, on the brief, Belnap, Spencer, Hardy & Freeman, Chicago, Ill., of counsel), for intervening defendant.

Before FRIENDLY, Circuit Judge, and MURPHY and PALMIERI, District Judges.

PALMIERI, District Judge.

This is an action pursuant to Sections 1336, 1398, 2284, and 2321 through 2325 of Title 28 of the United States Code seeking a permanent injunction of an order of the Interstate Commerce Commission of March 28, 1961, entitled Tank Car Allowances in Official Territory, and reported at 313 I.C.C. 435. Plaintiffs also seek to set aside an order of the full Commission of July 5, 1961, denying reconsideration of the above order. In accordance...

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