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MONONGAHELA CONNECTING R. CO. v. PENNSYLVANIA PUB. U. COM'N

Civ. A. No. 65-1102.

253 F.Supp. 50 (1966)

The MONONGAHELA CONNECTING RAILROAD COMPANY, Plaintiff, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION and George I. Bloom, P. Stephen Stahlnecker, William F. O'Hara, John L. Dorris and Maurice H. Claster, Commissioners, and Co-Operative Legislative Committee, Railroad Brotherhoods in the State of Pennsylvania, Defendants.

United States District Court W. D. Pennsylvania.

April 18, 1966.

Attorney(s) appearing for the Case

Joseph A. Katarincic, Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., for the Monongahela Connecting Railroad Co.

Thomas P. Shearer, Brandon, Shearer & Flaherty, Pittsburgh, Pa., for Co-Operative Legislative Comm. of the R. R. Brotherhoods in Pa.

Edward Munce, Harrisburg, Pa., for Public Utility Comm. and the Commissioners listed (all defts., except Co-Operative Legislative, etc.).

DUMBAULD, District Judge:

Plaintiff, a short-line industrial railroad, sues to restrain enforcement of an order of the Pennsylvania Public Utility Commission (hereinafter referred to as P.U.C.) requiring the use of airbrakes on certain train movements via the 29th Street bridge across the Monongahela River in Pittsburgh. A three-judge court was requested, but Chief Judge Harry E. Kalodner of the Third Circuit concluded that such a tribunal was not appropriate. The...

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