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LONG ISLAND RAIL ROAD CO. v. NEW YORK CENTRAL RAILROAD CO.

No. 60-C-595.

197 F.Supp. 21 (1961)

LONG ISLAND RAIL ROAD COMPANY, Brooklyn Eastern District Terminal, Bush Terminal Railroad Company and New York Dock Railway, Plaintiffs, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant.

United States District Court E. D. New York.

July 5, 1961.

Attorney(s) appearing for the Case

Otto M. Buerger, Jamaica, N. Y., for plaintiff Long Island Rail Road Company. Richard H. Stokes, New York City, of counsel.

John F. Finerty, New York City, for plaintiff Brooklyn Eastern District Terminal.

Hays, St. John, Abramson & Heilbron, New York City, for plaintiffs Bush Terminal Railroad Company and New York Dock Railway. Morris Shilensky, New York City, of counsel.

Gerald E. Dwyer, New York City, for defendant. Jerome H. Shapiro, John H. Colgren, New York City, of counsel.

BARTELS, District Judge.

This is the second motion by defendant The New York Central Railroad Company ("Central") for summary judgment pursuant to Rule 56, Fed.Rules Civ. Proc., 28 U.S.C.A., the first having been denied because of defective papers.1 The primary issue involved is whether the establishment of a proposed off-track freight depot in Brooklyn within Central's New York terminal district...

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