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NATIONAL R. R. PASSENGER CORP. v. STATE OF DEL.

Civ. A. No. 77-374.

441 F.Supp. 302 (1977)

NATIONAL RAILROAD PASSENGER CORPORATION, Petitioner, v. The STATE OF DELAWARE et al., Respondents.

United States District Court, D. Delaware.

December 1, 1977.

Attorney(s) appearing for the Case

Richard S. Gebelein, of Wilson & Whittington, P.A., Wilmington, Del., for petitioner.

Aubrey B. Lank, of Theisen, Lank, Mulford & Goldberg, Wilmington, Del., for the State of Delaware.

Robert K. Payson and James F. Burnett, of Potter, Anderson & Corroon, Wilmington, Del., for Manor Real Estate.

Thomas G. Hughes, of O'Donnell & Hughes, Wilmington, Del., for Consolidated Rail Corporation.

OPINION

STEEL, Senior District Judge:

Before the Court is the State of Delaware's motion to remand condemnation proceedings to the state court after they had been removed to this Court.

The State of Delaware, by the Secretary of the Department of Highways and Transportation, brought condemnation proceedings in the Superior Court of the State of Delaware under 17 Del.C. §§ 132(c)(4), 173, 175 (1974) and 29 Del.C. § 8406(1)a. (1974)...

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