MATTER OF ERIE LACKAWANNA RAILWAY COMPANY

No. 75-1.

404 F.Supp. 954 (1975)

In the Matter of ERIE LACKAWANNA RAILWAY COMPANY.

Special Court Regional Rail Reorganization Act.

Decided April 11, 1975.


Attorney(s) appearing for the Case

Malvin E. Bank, Cleveland, Ohio (Alan R. Lepene, William B. Leahy and Thompson, Hine & Flory, Cleveland, Ohio, of counsel), for appellants First National City Bank and U. S. Trust Co. of New York.

Carl C. Tucker, Frank C. Heath, William S. Paddock, Cleveland, Ohio (Jones, Day, Reavis & Pogue, Cleveland Ohio, of counsel), for appellants Morgan Guar. Trust Co. of New York and The Cleveland Trust Co.; Fred H. Marcusa, New York City (Davis, Polk & Wardwell, New York City, of counsel), for appellant Morgan Guar. Trust Co. of New York.

Ralph A. Colbert and Mark W. Freimuth, Cleveland, Ohio (Squire, Sanders & Dempsey, Cleveland, Ohio, of counsel), for appellants Manufacturers Hanover Trust Co. and Marine Midland Bank-New York.

Gordon P. MacDougall, Sp. Asst. Atty. Gen., Com. of Pa. (Robert P. Kane, Atty. Gen., Com. of Pa., of counsel), for appellant Com. of Pa.

James F. Dausch, Dept. of Justice, for appellee U. S.

Harry G. Silleck, Jr., New York City (Richard Jackson, Cleveland, Ohio, John L. Altieri, Jr., Mudge Rose Guthrie & Alexander, New York City, of counsel), for appellee Trustees of Erie Lackawanna Railway Co., debtor.

Lloyd N. Cutler, Washington, D. C. (William R. Perlik, Walter T. Winslow, Jr., Wilmer, Cutler & Pickering, Washington, D. C., and Jordan Jay Hillman, Gen. Counsel, U. S. Railway Ass'n, Washington, D. C., of counsel), for intervenor appellee U. S. Railway Ass'n.

Harry C. Nester, Earl M. Leiken, New York City, D. Frank Frisina, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio (David R. Baker, Richard Kneipper and Chadbourne, Parke, Whiteside & Wolff, New York City, of counsel), for Bankers Trust Co., amicus curiae.

Frederick W. Assini, Cleveland, Ohio, for First Jersey Nat. Bank and Chemical Bank, amici curiae.

Before FRIENDLY, Presiding Judge, and McGOWAN and THOMSEN, Judges.


FRIENDLY, Presiding Judge:

The Erie Lackawanna Railway Company (EL), one of the railroads in the northeastern region which was in reorganization under § 77 of the Bankruptcy Act, was included in the consolidation before this court made by the Judicial Panel on Multi-District Litigation pursuant to § 209(b) of the Regional Rail Reorganization Act (RRRA), In re Litigation Under the Regional Rail Reorganization Act of 1973, 373 F.Supp...

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