Legal Opinion · Dissent

New York, Susquehanna & Western Railroad v. United States

District Court, D. New Jersey

Decided December 7, 1961No. Civ. A. No. 401-61Published

1DissentMcLAUGHLIN, Circuit Judge

Prior to the enactment of Section 13a (1) of the Interstate Commerce Act there was no authority then existing which countenanced abandonment by a carrier of its passenger ferry service between New Jersey and New York. Board of Public Utility Commissioners of New Jersey v. United States, 158 F.Supp. 98 (D.C.N.J.1957). Thereafter the present Section 13a(l) was added to the Interstate Commerce Act, 49 U.S.C.A. § 13a (1) effective August 12, 1958. That specifically gave carriers, subject to the me-’ chanics of the section, the right “to the *867discontinuance or change, in whole or in part, of the…

2Cases cited4 opinions

  1. United States v. Erie Railroad CompanySupreme Court of the United States · 1915
  2. State of New Jersey v. United StatesDistrict Court, D. New Jersey · 1959
  3. Board of Public Utility Commissioners v. United StatesDistrict Court, D. New Jersey · 1957
  4. New Jersey v. United StatesDistrict Court, D. New Jersey · 1958

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