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LONG ISLAND RAILROAD COMPANY v. UNITED STATES

Civ. No. 70-C-700.

318 F.Supp. 490 (1970)

The LONG ISLAND RAILROAD COMPANY, Plaintiff, v. The UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, E. D. New York.

July 22, 1970.

Attorney(s) appearing for the Case

George M. Onken, Jamaica, N.Y. (Richard H. Stokes, Jamaica, N.Y., of counsel), for plaintiff.

Leonard S. Goodman, Associate Gen. Counsel, I.C.C., Washington, D. C. (Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Edward R. Neaher, United States Atty., E. D. N. Y., Brooklyn, N. Y., Robert W. Ginnane, Gen. Counsel, I.C.C., on the brief), for defendants the United States and I.C.C.

Lewis T. Duerinck, Chicago, Ill., for Chicago and North Western Railway Co.

Before FRIENDLY, Circuit Judge, MISHLER, Chief District Judge, and BARTELS, District Judge.

FRIENDLY, Circuit Judge:

The Long Island Railroad asks us to enjoin the enforcement of an order of the Interstate Commerce Commission in Ex parte No. 252 (Sub. No. 1) Incentive Per Diem Charges—1968, made under § 1(14) (a) of the Interstate Commerce Act. The order adopted rules and regulations establishing additional "incentive" per diem charges for unequipped boxcars from September 1 through February of each year.1 The Long...

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