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PENN CENT. CORP. v. UNITED STATES RY. ASS'N

No. 77-4.

475 F.Supp. 165 (1979)

The PENN CENTRAL CORPORATION, and Penndiana Improvement Corporation, Plaintiffs, v. UNITED STATES RAILWAY ASSOCIATION, and Consolidated Rail Corporation, Defendants.

Special Court Regional Rail Reorganization Act of 1973.

July 19, 1979.

Attorney(s) appearing for the Case

Paul R. Duke and J. Michael Hemmer, Washington, D. C., for plaintiffs The Penn Central Corporation and Penndiana Improvement Corporation.

John G. Harkins, Jr., Laurence Z. Shiekman and Teresa R. Novick, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant Consolidated Rail Corporation.

G. Joseph King and David Manning, Washington, D. C. (Cary W. Dickieson, Gen. Counsel, Stephen C. Rogers, Deputy Gen. Counsel, Washington, D. C., United States Railway Association, of counsel) for defendant United States Railway Association.

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

FRIENDLY, Presiding Judge:

In this action, of which we have jurisdiction under § 209 of the Rail Act, 45 U.S.C. § 719, the Trustees of the property of Penn Central Transportation Company, for which The Penn Central Corporation (PC) has now been substituted, and PC's wholly owned subsidiary, Penndiana Improvement Corporation (Penndiana) challenge the legality of the conveyance to Consolidated Rail Corporation (ConRail) of an office building and adjoining...

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