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CITY OF WILLIAMSPORT v. UNITED STATES

Civ. No. 9996.

282 F.Supp. 46 (1968)

CITY OF WILLIAMSPORT et al., Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and the Pennsylvania Railroad Company, Defendants.

United States District Court M. D. Pennsylvania.

Judgment Affirmed June 17, 1968.

Attorney(s) appearing for the Case

Jerome Nelson, Office of General Counsel ICC, Washington, D. C., for ICC.

Henry C. Perciballi, City Sol., Williamsport, Pa., Anthony Manguso, Corp. Counsel, Abraham I. Okun, Asst. Corp. Counsel, Buffalo, N. Y., George Hamilton Forman, Buffalo, N. Y., Samuel C. Ranck, City Sol., Milton, Pa., Harvey Gelb, Robert P. Casey, Scranton, Pa., Thomas Park Shearer, Pittsburgh Pa., Gordon P. MacDougall, Washington, D. C., for plaintiffs.

James H. Stewart, Jr., of Nauman, Smith, Shissler & Hall, Harrisburg, Pa., Donald A. Brinkworth, Pittsburgh, Pa., for defendant Pennsylvania R. Co.

Bernard J. Brown, U. S. Atty., Scranton, Pa., for the United States.

Campana & Campana, Williamsport, Pa., for City of Williamsport.

Before FREEDMAN, Circuit Judge, and SHERIDAN and NEALON, District Judges.

Judgment Affirmed June 17, 1968. See 88 S.Ct. 2286.

OPINION OF THE COURT

NEALON, District Judge.

In this case, defendant railroad, pursuant to the provisions of Section 13a(1)1 of the Interstate Commerce Act, filed a notice of discontinuance of its passenger trains Nos. 570 and 571 between Buffalo, New York, and Baltimore, Maryland. An investigation was ordered by the Interstate...

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