Fried v. United States

FEINBERG, District Judge.

This is an action by ten alleged stockholders of The Delaware, Lackawanna and Western Railroad Company (“Lackawanna”) to enjoin in part or void entirely an order of the Interstate Commerce Commission (“Commission”) authorizing the merger of the Lackawanna and the Erie Railroad Company (“Erie”). The action is brought pursuant to 28 U.S.C. §§ 1336, 1398 and 2321-25. The merged railroad has intervened as a party defendant.

The merger under attack was accomplished pursuant to the Commission’s order on October 17, 1960. Two days later, plaintiffs filed a complaint in this…