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CARBONE BROS. & CO. v. UNITED STATES

201 F.Supp. 157 (1961)

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

United States District Court S. D. New York.

December 1, 1961.

Attorney(s) appearing for the Case

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

Robert W. Ginnane, General Counsel, Arthur J. Cerra, Washington, D. C., Asst. General Counsel, of counsel, for Interstate Commerce Commission.

Richard E. Costello, New York City, for Erie-Lackawanna R. Co.

Before MOORE, Circuit Judge, and RYAN and DAWSON, District Judges.

DAWSON, District Judge.

In this action, which is brought under 28 U.S.C. §§ 1336, 1398, 2321-2325 and 49 U.S.C. § 17(9), the plaintiffs, who are eleven corporations and partnerships dealing in fruits and vegetables at New York, N. Y., seek to set aside and annul an order of the Interstate Commerce Commission which was issued in Docket No. 32350, Carbone Brothers & Company Inc., et al. v. Erie Railroad...

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