Port of New York Authority v. United States

MEMORANDUM

TENNEY, District Judge.

It appears to this Court, after due consideration, that it is without jurisdiction to temporarily restrain the June 28, 1971 order of the Interstate Commerce Commission, which order vacated its prior order suspending increased tariffs of Penn Central for its lighterage service in the Port of New York. Clearly, the reasons for the vacating of the Commission’s prior order are excepted from judicial review. Oscar Mayer & Co. v. United States, 268 F.Supp. 977 (W.D.Wis.1967). Indeed, the Commission need not even state its reasons for vacating a prior suspension…