Public Service Com'n of New York v. United States

CLARK, Circuit Judge.

Plaintiffs, suing under 28 U.S.C.A. §§ 41(28), 43-48, seek to enjoin and set aside a certificate and order of the Interstate Commerce Commission authorizing defendant New York Central Railroad Company to abandon its so-called Yonkers branch line, which extends for a distance of 3.1 miles in Bronx and Westchester counties, New York, between Getty Square in the city of Yonkers and Van Cortlandt Park Junction in the city of New York. The Commission first authorized abandonment of this branch on March 20, 1943,. and this court sustained the Commission’s act a year ago in an…