1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 194 F.Supp.
  5. 194 F.Supp. 79 (1961)
 

CARBONE BROS. & CO. v. UNITED STATES

194 F.Supp. 79 (1961)

CARBONE BROS. & CO., Inc., et al., Plaintiffs, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission and Erie-Lackawanna Railroad Company, Intervening ny, Intervening Defendants.

United States District Court S. D. New York.

On Motions for Reargument June 2, 1961.

Attorney(s) appearing for the Case

Bernstein, Weiss, Hammer & Parter, New York City, for plaintiffs. Norman A. Coplan, New York City, of counsel.

Richard E. Costello, New York City, for Erie-Lackawanna Railroad Company. J. T. Clark, Cleveland, Ohio, of counsel.

Arthur J. Cerra, Asst. Gen. Counsel, Robert W. Ginnane, Gen. Counsel, I.C.C., Washington, D. C., for the Interstate Commerce Commission.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., W. Wallace Kirkpatrick, Acting Asst. Atty. Gen., Morton S. Robson, U. S. Atty., Southern Dist. of New York, New York City, Lee Loevinger, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for the United States.

SUGARMAN, District Judge.

Plaintiffs suing to annul and set aside the dismissal of their complaint presented to and heard by the Interstate Commerce Commission, 306 I.C.C. 360, move for summary judgment.

Plaintiffs charged before the Commission that the Erie Railroad Company (now Erie-Lackawanna Railroad Company) in collecting from plaintiffs charges for switching and for icing melon cars consigned to plaintiffs were doing so unlawfully because the applicable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases