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MICH. INTERSTATE RY. v. GRAND TRUNK WESTERN R. CO.

Civ. A. No. 78-1.

459 F.Supp. 1008 (1978)

MICHIGAN INTERSTATE RAILWAY COMPANY, and Michigan Department of State Highways and Transportation, Plaintiffs, v. GRAND TRUNK WESTERN RAILROAD COMPANY and United States Railway Association, Defendants.

Special Court, Regional Rail Reorganization Act.

October 18, 1978.

Attorney(s) appearing for the Case

Charles W. Chapman, Washington, D. C. (John D. Heffner, Washington, D. C., of counsel), for plaintiff Michigan Interstate Ry. Co.

Fritz R. Kahn, Washington, D. C., for plaintiff Michigan Dept. of State Highways and Transp.

John C. Danielson, Detroit, Mich., for defendant Grand Trunk Western R. Co.

Donald E. Segal, Washington, D. C. (Howard M. Wilchins, Washington, D. C., of counsel), for defendant U. S. Ry. Assn.

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

FRIENDLY, Presiding Judge:

This action concerns the rights of plaintiffs, Michigan Department of State Highways and Transportation (MDT) and Michigan Interstate Railway Company (MIRC), with respect to some 10 miles of track between Durand and Owosso, Michigan, formerly owned by the bankrupt Ann Arbor Railroad Company (Ann Arbor). The facts appearing from the pleadings and affidavits are as follows:

The Final System Plan (FSP) as submitted to Congress designated...

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