DELAWARE AND HUDSON RAILROAD CORP. v. United States

• Decision Date: 26 July 1967
• Docket Number: No. 67 Civ. 2451.,67 Civ. 2451.
• Citation: 279 F. Supp. 311
• Parties: The DELAWARE AND HUDSON RAILROAD CORPORATION, Plaintiff, Boston and Maine Corporation, Intervening Plaintiff, v. UNITED STATES of America, Defendant, Interstate Commerce Commission, Intervening Defendant.
• Court: U.S. District Court — Southern District of New York

279 F. Supp. 311

The DELAWARE AND HUDSON RAILROAD CORPORATION, Plaintiff Boston and Maine Corporation, Intervening Plaintiff, v. UNITED STATES of America, Defendant Interstate Commerce Commission, Intervening Defendant.

No. 67 Civ. 2451.

United States District Court S. D. New York.

July 26, 1967.

Shea & Gardner, Washington, D. C., for trustees of property of Central Railroad of New Jersey, debtor, William H. Dempsey, Jr., Washington, D. C., of counsel.

Gordon P. MacDougall, Washington, D. C., for City of Scranton and Milton J. Shapp.

Richard J. Lally, New York City, for Central Railroad of New Jersey.

Kelley, Drye, Newhall, Maginnes & Warren, New York City, for Norfolk & Western Railway, Frank H. Heiss, New York City, of counsel.

Migdal, Low, Tenney & Glass, New York City, for New Haven Bondholders Committee, Lawrence W. Pollack, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for Erie-Lackawanna Railroad, Thomas D. Barr, and Eldon Olson, New York City, of counsel.

Hogan & Hartson, Washington, D. C., for Boston & Maine Corp., Edward A. McDermott and James A. Belson, Washington, D. C., of counsel.

Gerald E. Dwyer, New York City, for New York Central Railroad Company, James B. Gray, and J. H. Shapiro, New York City, of counsel.

Robert W. Ginnane, and Fritz R. Kahn, Washington, D. C., for Interstate Commerce Commission.

Conboy, Hewitt, O'Brien & Boardman, New York City, for The Pennsylvania Railroad Company, Hobart L. Brinsmade, David J. Mountan, Jr., New York City, and Windsor F. Cousins, Philadelphia, Pa., of counsel.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Brian J. Gallagher, Asst. U. S. Atty., for the United States and Interstate Commerce Commission.

Howard E. Shapiro, and William R. Weissman, Attys., Department of Justice. Richard B. Wachenfeld, Hoboken, N. J., for the Central R. R. Co. of New Jersey.

Sidley & Austin, Chicago, Ill., for Norfolk & Western Railway Co., Howard J. Trienens, Chicago, Ill., of counsel.

Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for Delaware & Hudson Railroad Corp., Harry G. Silleck, Jr., New York City, of counsel.

Before FRIENDLY, Circuit Judge, and WEINFELD and LEVET, District Judges.

Memorandum on Motions to Set Schedule and to Join N & W.

PER CURIAM.

The United States of America and the Interstate Commerce Commission have moved this Court to establish an expedited briefing schedule in this action; appended to their motion is a copy of the Amended Pre-Trial Order of the District Court for the Western District of Virginia in Norfolk and Western Railway Co. v. United States of America, Civil Action No. 67-C-51-R. We note the statement of the two judges signing this order that it appeared to them "that the issues raised in this action should be litigated in the United States District Court for the Southern District of New York," and the continuance of the Virginia action for a hearing by the full court including that issue on September 26, 1967. We note also that in directing the continuance the court made clear that this "shall not be construed to prevent or delay consideration by the United States District Court for the Southern District of New York of all the issues raised in this action" and provided that "any party may file copies of the brief which it has filed on the same issues in the Southern District of New York in lieu of filing original briefs in this action."

In light of the evident belief of the two judges in the Western District of Virginia that we should go forward with this action and of the Supreme Court's mandate for expedited hearing and early determination, we think it is incumbent on us to set a schedule that will permit our deciding this action as soon as feasible. To that end it is

ORDERED that the parties observe the following schedule, which is identical with that established by the District Court for the Western District of Virginia:

(a) Plaintiff and intervening plaintiffs are directed to file any supplemental complaints on or before August 7, 1967, or 7 days following service of the order of the Commission on Petitions for Reconsideration, in Finance Docket No. 21510, Norfolk and Western Railway Co. and New York, Chicago and St. Louis Railroad Co.—Merger, etc., whichever date is later.

(b) Defendant and intervening defendants are directed to file their answers, together with such additional pleadings as may be deemed proper, on or before August 14, 1967, or 14 days following service of the order of the Commission on Petitions for Reconsideration, whichever date is later.

(c) ...