NEW JERSEY V. NEW YORK, S. & W. R. CO., 372 U. S. 1 (1963)

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U.S. Supreme Court

New Jersey v. New York, S. & W. R. Co., 372 U.S. 1 (1963)

New Jersey v. New York, Susquehanna & Western Railroad Co.

No. 104

Argued December 11, 1962

Decided February 18, 1963

372 U.S. 1


Appellee railroad operates trains solely within the State of New Jersey, but it estimates that nearly 90% of its passengers travel to and from New York City via connecting buses owned and operated by a corporation unaffiliated but under contract with appellee. After discontinuing most of its passenger trains with the permission of the Public Utilities Commission of New Jersey, appellee filed with the Interstate Commerce Commission notice of its intention to discontinue all passenger service. On motion of appellants, the Interstate Commerce Commission dismissed the notice for want of jurisdiction.

Held: The proceeding involved only trains "operated wholly within the boundaries of a single State," within the meaning of § 13a(2) of the Interstate Commerce Act, and it was properly dismissed for want of initial jurisdiction in the Interstate Commerce Commission. Pp. 372 U. S. 2-9.

200 F.Supp. 860 reversed.

Page 372 U. S. 2

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