Long Island Rail Road v. Delaware, Lackawanna & Western Railroad

BYERS, District Judge.

This cause has been pending since June 15, 1956 when the complaint was filed; it has been explained in the opinion reported in 143 F.Supp. 363 in connection with a plaintiff’s motion for a temporary injunction, and defendants’ cross-motion to dismiss, both of which were denied.

Since the date of that decision (July 2, 1956), the I.C.C. has passed upon the matters presented in the plaintiff’s asserted “Second Cause of Action” namely, that “the afore-described piggyback service will be transportation by motor vehicle without a certificate of public convenience and necessity…