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NEW YORK DOCK RY. v. CONSOLIDATED RAIL CORP.

Civ. A. Nos. 77-6, 77-7.

434 F.Supp. 1245 (1977)

NEW YORK DOCK RAILWAY, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, United States Railway Association, Richard C. Bond, John H. McArthur, and Robert W. Blanchette, Trustees of the Penn Central Transportation Co. and DTB Corporation, Defendants, New York State Department of Transportation, Intervening Plaintiff. NEW YORK DOCK RAILWAY and Brooklyn Eastern District Terminal, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, United States Railway Association, and Richard C. Bond, John H. McArthur and Robert W. Blanchette, Trustees of the Penn Central Transportation Co., Defendants, New York State Department of Transportation, Intervening Plaintiff.

Special Court, Regional Railroad Reorganization Act.

July 22, 1977.

Attorney(s) appearing for the Case

Stuart H. Johnson, Jr., of Washington, D.C., for New York Dock Railway.

Louis H. Shereff, New York City, for Brooklyn Eastern District Terminal.

John C. McTiernan, Albany, N.Y., for New York State Department of Transportation, intervening plaintiff.

Laurence Z. Shiekman, Philadelphia, Pa. (Pepper, Hamilton & Scheetz, Philadelphia, Pa., on brief), for Conrail.

Howard M. Wilchins, Washington, D.C. (Robert L. Flanagan, Washington, D.C., on brief), for USRA.

Edwin K. Taylor, Philadelphia, Pa. (John C. Saile, Jr., Philadelphia, Pa., on brief), for Penn Central Trustees and DTB Corporation.

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

THOMSEN, Judge:

The Final System Plan (FSP), developed by United States Railway Association (USRA) pursuant to the Regional Rail Reorganization Act of 1973 (the Act), designated to Consolidated Rail Corporation (Conrail) an option, exercisable within 30 days of this Court's conveyance order under § 303(b) of the Act, to acquire the interest of Penn Central Transportation Company (PC) in two tugboats1 and nine carfloats theretofore...

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