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NEW YORK CENTRAL RAILROAD COMPANY v. UNITED STATES

201 F.Supp. 958 (1962)

The NEW YORK CENTRAL RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

January 15, 1962.

Attorney(s) appearing for the Case

Jerome H. Shapiro, Kenneth H. Lundmark, New York City, for plaintiff.

Lee Loevinger, Asst. Atty. Gen., Joel E. Hoffman, Dept. of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty., S. D. N. Y., New York City, for the United States, defendant.

Robert W. Ginnane, Gen. Counsel, Washington, D. C., Robert S. Burk, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission, defendant.

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

MOORE, Circuit Judge.

The New York Central Railroad (the Railroad) brings this action to set aside Service Order No. 938 of the Interstate Commerce Commission (the Commission) which annulled Embargo No. 164 issued by the Railroad. The Railroad through this embargo had announced to the public that it would no longer accept interstate less-than-carload (LCL) shipments of less than trap or ferry car quantity except those...

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