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WILLIAM N. FEINSTEIN & CO. v. UNITED STATES

No. 262, Docket 27917.

317 F.2d 509 (1963)

WILLIAM N. FEINSTEIN & CO., Inc., successor to William N. Feinstein and Bernard Fatell, co-partners doing business under the firm name and style of William N. Feinstein & Co., Plaintiff-Appellant, v. UNITED STATES and The Interstate Commerce Commission, Defendants-Appellees, and The Baltimore and Ohio Railroad Company, Erie-Lackawanna Railroad Company, The New York Central Railroad Company and The Pennsylvania Railroad Company, Interveners.

United States Court of Appeals Second Circuit.

Decided May 21, 1963.

Attorney(s) appearing for the Case

Norman A. Coplan, New York City (Bernstein, Weiss, Hammer & Parter, New York City, on the brief), (Michael C. Bernstein and Jacob Greenwald, New York City, of counsel), for plaintiff-appellant.

I. K. Hay, Associate General Counsel, Interstate Commerce Commission, Washington, D. C. (Robert W. Ginnane, General Counsel, Interstate Commerce Commission, on the brief), for defendant-appellee Interstate Commerce Commission.

Edward A. Kaier, Philadelphia, Pa. (Andrew C. Armstrong, Richard E. Costello, J. Edgar McDonald, Philadelphia, Pa., on the brief), (Edward F. Butler, New York City, of counsel), for intervenors-appellees.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by plaintiff below, William N. Feinstein & Co., Inc., from a judgment entered by the United States District Court for the Southern District of New York, Ryan, C. J., which dismissed on the merits an action seeking review of a decision of the Interstate Commerce Commission. William N. Feinstein & Co. v. United States, 209 F.Supp. 613 ...

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