Legal Opinion

Banta v. United States

District Court, D. New Jersey

Decided May 13, 1957No. Civ. A. 878-56Published

1Opinion of the Court

GOODRICH, Circuit Judge.

The plaintiff brings this action for a decree “suspending, enjoining, annulling and setting * * * aside” an order of the Interstate Commerce Commission and for an order directing the Commission to grant affirmative relief. It is an *60appeal from a Commission order to a three-judge district court pursuant to 28 U.S.C. §§ 1336, 2284 and 2321-2325..

The factual story is short and undisputed. Plaintiff is trustee of The New Jersey and New York Railroad Company which has been in a Section 77 reorganization proceeding, 11 U.S.C.A. § 205, since June 30, 1938, and is still there.…

2Cases cited19 opinions

Alabama Public Service Commission v. Southern Railway Co.Supreme Court of the United States · 1951
Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
Wisconsin RR Comm. v. C., B. & QRR CO.Supreme Court of the United States · 1922
Palmer v. MassachusettsSupreme Court of the United States · 1939
New York v. United StatesSupreme Court of the United States · 1947

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