OSCAR GRUSS & SON
v.
UNITED STATES ET AL.
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Oscar Gruss & Son, a bondholder of the New York, New Haven & Hartford Railroad, challenged an Interstate Commerce Commission order directing the New Haven's inclusion in a merger between the New York Central and Pennsylvania railroads, but the District Court dismissed the case on standing grounds. The Supreme Court vacated the District Court's dismissal and remanded the case because the ICC's merger order was already subject to further proceedings before the Commission, making immediate judicial review inappropriate at that time.
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Per Curiam.
Appellant is a bondholder of the New York, New Haven &.Hartford Railroad Company (the New Haven), which is now undergoing a reorganization under § 77 of the Bankruptcy Act, 11 U.
S. C. § 205.
On April 6, 1966, the Interstate Commerce Commission directed inclusion of the New Haven in the merger of the New York Central Railroad Company and the Pennsylvania Railroad Company as soon as terms and conditions could be settled, but approved the Penn-Central merger and authorized its consummation prior to such inclusion. Appellant then petitioned the Commission to reconsider this order. The Commission allowed appellant to intervene but denied the petition to reconsider, and appellant then challenged the Commission’s order of April 6 in the District Court, which dismissed the complaint on the ground, among others, that appellant lacked standing to attack the Penn-Central merger. Since that time this Court has reviewed other aspects of the Commission’s order approving the merger ¿nd has directed a remand to the Commission for further proceedings. Baltimore & Ohio R. Co. v. United States, ante, p.
372. Since the order which appellant’s suit attacked is now subject to further consideration by the Commission and since proceedings to achieve inclusion of the New.Haven are also under way before the Commission, it appears inappropriate to review the decision of the District Court at this time. Rather, we vacate the order of the. District Court and remand the case , to that court. Should appellant still be dissatisfied with the ultimate order of the Commission in the merger proceedings, it may attempt a fresh challenge in the District Court..
It is so ordered.
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New Haven Inclusion Cases, 399 U.S. 392 (U.S. 1970)…nna with instructions that the Commission complete its proceedings relating to the protected roads. Baltimore & Ohio R. Co. v. United States, 386 U. S. 372. We later vacated and remanded Oscar Gruss for reconsideration in light of Baltimore & Ohio, 386 U. S. 776. Ensuing developments are recounted in the text. Pennsylvania R. Co.—Merger—New York Central R. Co., 330 I. C. C. 328 (“First Supplemental Report"). Erie-Lackawanna R. Co. v. United States, 279 F. Supp. 316. Penn-Central Merger Cases, 389 U. S. 4…
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