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COMMONWEALTH OF PA. v. PENN CENTRAL TRANSP. CO.

Civ. A. No. 72-427.

348 F.Supp. 28 (1972)

COMMONWEALTH OF PENNSYLVANIA et al. v. PENN CENTRAL TRANSPORTATION COMPANY et al. COMMONWEALTH OF PENNSYLVANIA and Pennsylvania Public Utility Commission, Plaintiffs, and Cooperative Legislative Committee, Railroad Brotherhoods, State of Pennsylvania, Intervening Plaintiff, v. George P. BAKER et al., Defendants.

United States District Court, M. D. Pennsylvania.

September 18, 1972.

Attorney(s) appearing for the Case

J. Shane Creamer, Atty. Gen., Harrisburg, Pa., Gordon P. MacDougall, Sp. Asst. Atty. Gen., Washington, D. C., Philip P. Kalodner, Edward Munce, Alfred N. Lowenstein, John B. Wilson, Penna. Public Utility Commission, Harrisburg, Pa., for plaintiffs.

Thomas P. Shearer, Pittsburgh, Pa., for intervening plaintiff.

Geoffrey N. Zeh, Washington, D. C., for Railway Labor Executives Ass'n.

Carl Helmetag, Jr., Penn Central Transportation, Philadelphia, Pa., for defendants.

OPINION

MUIR, District Judge.

Tropical Storm Agnes struck Pennsylvania in late June, 1972, and created unprecedented floods and destruction. The damage was particularly severe in the Wilkes-Barre area.

This suit by the Commonwealth of Pennsylvania and its Public Utility Commission seeks a mandatory injunction to require the Penn Central Transportation Company to restore two of its lines which were badly damaged by the storm. The branches which are...

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