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BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. UNITED STATES

Civ. No. C 63-55.

217 F.Supp. 98 (1963)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS and Railway Labor Executives' Association, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Rutland Railway Corporation, State of Vermont, Penick & Ford, Ltd., Incorporated, Intervening Defendants.

United States District Court N. D. Ohio, E. D.

May 2, 1963.

Attorney(s) appearing for the Case

Donald W. Fisher, Mulholland, Robie & Hickey, Toledo, Ohio, Harold A. Ross, Marshman, Hornbeck, Hollington, Steadman & McLaughlin, Cleveland, Ohio, for plaintiffs.

Leonard S. Goodman, Atty., Office of Gen. Counsel, Interstate Commerce Commission, Robert Ginnane, Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

Thomas W. Lynch, Gen. Counsel, Rutland R. R., Rutland, Vt., Clark, Carr & Ellis, New York City, Victor DeMarco, Herbert J. Hansell, Robert J. Hoerner, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for Rutland Ry. Corp., intervening defendant.

Donald H. Balleisen, New York City, McAfee, Hanning, Newcomer, Hazlett & Wheeler, Cleveland, Ohio, John T. Scott, Jr., Douglas Wick, Cleveland, Ohio, for Penick & Ford, Ltd., Inc., intervening defendant.

Before WEICK, Circuit Judge, CONNELL, Chief District Judge, and KALBFLEISCH, District Judge.

KALBFLEISCH, District Judge.

The Rutland Railroad sought a certificate of public convenience and necessity from the Interstate Commerce Commission allowing it to totally abandon its railroad and the operations thereon. In the proceedings before the Interstate Commerce Commission, numerous parties were represented and heard, including the Rutland Railroad, the Railway Labor Executives' Association, the Brotherhood of Locomotive Engineers, the State of Vermont, the...

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