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SCHULER v. PATTON

No. 76-3.

416 F.Supp. 1252 (1976)

Raymond SCHULER, Commissioner, Department of Transportation of the State of New York, and New York Dock Railway Company, Plaintiffs, v. Thomas F. PATTON and Ralph S. Tyler, Jr., Trustees of the Property of Erie Lackawanna Railway Company, Defendants.

Special Court, Regional Rail Reorganization Act.

June 18, 1976.

Attorney(s) appearing for the Case

Walter M. King, Jr., King & St. George, Washington, D. C., for New York Dock Railway Co.

Arthur L. Winn, Jr., LaRoe, Winn & Moerman, Washington, D. C., for Port Authority of New York.

Harry Shereff, New York City, for Brooklyn Eastern Dist. Terminal.

John C. McTiernan and Bernard Sack, Albany, N. Y., for New York Dept. of Transp.

John L. Altieri, Jr., Mudge, Rose, Guthrie & Alexander, New York City, for Trustees of Erie Lackawanna Railway Co.

Howard M. Wilchins, Washington, D. C., for U. S. Railway Ass'n.

Before FRIENDLY, Presiding Judge, and THOMSEN, Judge.

THOMSEN, Judge.

This action was instituted by the Commissioner of the Department of Transportation of the State of New York (DOT) and New York Dock Railway (NYDock) against the Trustees of the Property of Erie Lackawanna Railway Company (EL), appointed by the United States District Court for the Northern District of Ohio in the reorganization proceedings under Chapter VIII of the Bankruptcy Act. Plaintiffs seek preliminary and permanent injunctions under the Regional...

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