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IN RE PENN-CENTRAL MERGER AND N & W

Nos. 778, 779, 830-836.

389 U.S. 946 (1967)

PENN-CENTRAL MERGER AND N & W INCLUSION CASES.

Supreme Court of United States.

November 9, 1967.

Attorney(s) appearing for the Case

Howard J. Trienens, Richard J. Flynn, George L. Saunders, Jr., Lloyd N. Cutler, Daniel K. Mayers, Edward K. Wheeler, Robert B. Claytor, Kenneth H. Ekin, Norman C. Melvin and John S. Shannon for Baltimore & Ohio Railroad Co. et al.; Myron S. Isaacs and Homer Kripke for Oscar Gruss & Son; Lawrence W. Pollack for New York, New Haven & Hartford Railroad Co. First Mortgage 4% Bondholders Committee and Harvey Gelb, Israel Packel and Gordon P. MacDougall for the City of Scranton and Milton J. Shapp on the Applications for Stay. Messrs. Trienens, Flynn, Saunders, Cutler, Mayers and Wheeler and Albert Ritchie for appellants on the Motion to Advance. Harry G. Silleck, Jr., for Delaware & Hudson Railroad Corp., and Thomas D. Barr and Eldon Olson for Erie-Lackawanna Railroad Co. on Motions to Consolidate and to Advance. Solicitor General Griswold and Robert W. Ginnane for the United States and the Interstate Commerce Commission; Henry P. Sailer for Pennsylvania Railroad Co. and New York Central Railroad Co.; James A. Belson for Boston & Maine Corp.; Joseph Auerbach, James Wm. Moore, Robert W. Blanchette, Arthur Blasberg, Jr., Robert G. Bleakney, Jr., and Morris Raker for Trustees of New York, New Haven & Hartford Railroad Co.; and Samuel Kanell, Special Assistant to the Attorney General of Connecticut, for the States of Connecticut and Rhode Island in response to Applications for Stay and Motions to Advance.

Application for a stay of enforcement of an order of the Interstate Commerce Commission1 authorizing a merger of the Pennsylvania R. Co. and the New York Central R. Co., pending this Court's determination of appeals from a decision of a three-judge court in the Southern District of New York, 279 F.Supp. 316, sustaining both the Commission's order authorizing the merger and its order2

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