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BROOKLYN EASTERN DISTRICT TERMINAL v. UNITED STATES

No. 68 C 239.

302 F.Supp. 1095 (1968)

BROOKLYN EASTERN DISTRICT TERMINAL, Plaintiff, v. The UNITED STATES of America, Defendant, and Interstate Commerce Commission, R. & F. Trucking Co., Inc., M. J. Kelly Company, Inc. and North 4th Street Realty Corp., Intervening Defendants.

United States District Court E. D. New York.

August 7, 1969.

Attorney(s) appearing for the Case

Louis H. Shereff, and Harry Shereff, New York City, for plaintiff.

Jerome E. Sharfman (Edwin M. Zimmerman, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, and Joseph P. Hoey, Brooklyn, N. Y., of counsel, for the United States, and Robert W. Ginnane, Washington, D. C., of counsel, for intervening defendant I. C. C.), for the United States and the I. C. C.

Arthur J. Piken, Jamaica, N. Y., for intervening defendants R. & F. Trucking Co., Inc., M. J. Kelly Company, Inc., and North 4th Street Realty Corp.

Before MOORE, Circuit Judge, and DOOLING and JUDD, District Judges.

MEMORANDUM and ORDER

DOOLING, District Judge.

Plaintiff's action is brought to enjoin and annul 1967 Orders of the Interstate Commerce Commission [28 U.S.C. § 1336 (a), (c)] which denied plaintiff the right to abandon certain track which it operated in Block 2349 of its Kent Avenue terminal on the East River waterfront in the Williamsburgh section of Brooklyn [28 U.S.C. §§ 2284, 2321-2325; 49 U.S.C. § 17(9)]. It is concluded that the...

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