Erie-Lackawanna Railroad Company v. United States

(dissenting) :

I am of the view that the reeision of one of the conditions and the reopening for further consideration of the other conditions originally imposed by the *982Commission for the protection of the three carrier plaintiffs, the Erie-Lacka-wanna (E-L), Delaware & Hudson (D&H) and Boston & Maine (B&M), (the protected carriers), as a prerequisite to the consummation of the merger requires the granting of the interlocutory injunction.

The elimination in advance of the merger of a substantial “term and condition” and the reopening of others, all of which the Commission itself deemed…