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NIAGARA MOHAWK POWER CORP. v. UNITED STATES

No. 74 Civ. 3385.

405 F.Supp. 845 (1975)

NIAGARA MOHAWK POWER CORPORATION and Public Service Electric & Gas Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Atchison, Topeka, and Santa Fe Railway Company, et al., Defendant-Intervenors.

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

December 12, 1975.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiffs; James O'Malley, Jr., Sheila E. Marshall, David Z. Gordon, Susan S. Lissitzyn, New York City, of counsel.

Hanford O'Hara, Fritz R. Kahn, Washington, D. C., for I. C. C.

Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Dept. of Justice, Washington, D. C., Paul J. Curran, U. S. Atty., S. D. N. Y., for the United States.

Robert M. Peet, Penn Central Transp. Co., New York City, Richard J. Murphy, Penn Central Transp. Co., Philadelphia, Pa., Robert L. Conkling, New York City, Frank H. Gordon, New York City, for intervening railroads.

Before VAN GRAAFEILAND, Circuit Judge, BONSAL and GAGLIARDI, District Judges.

OPINION

PER CURIAM.

Plaintiffs seek a permanent injunction against an order of the Interstate Commerce Commission ("ICC") entered on June 3, 1974 (the "June 3d Order") in a proceeding entitled Ex-Parte No. 305, which order had the effect of permitting a 10% nationwide increase in railroad freight rates and charges. Plaintiffs allege jurisdiction exists under 28 U.S.C. §§ 1336, 1398, 2321 and 2325.

Plaintiffs are two regulated public utilities...

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