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CONSOLIDATED RAIL CORP. v. DELAWARE & HUDSON RY.

No. 82-13.

543 F.Supp. 1079 (1982)

CONSOLIDATED RAIL CORPORATION, Petitioner, v. DELAWARE AND HUDSON RAILWAY CO., Respondent, Interstate Commerce Commission, Intervenor.

Special Court, Regional Rail Reorganization Act.

July 12, 1982.

Attorney(s) appearing for the Case

Barbara W. Mather, Thomas E. Zemaitis, Joyce K. Hackenbrach Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Consolidated Rail Corp.

William P. Quinn, Nicholas J. Scafidi, Eric M. Hocky, Rubin, Quinn, Moss & Girard-diCarlo, Philadelphia, Pa., and George H. Kleinberger, Albany, N. Y., for Delaware and Hudson Ry. Co.

John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, John J. McCarthy, Jr., Atty., I. C. C., Washington, D. C., for intervenor.

FRIENDLY, Presiding Judge:

In this action Consolidated Rail Corporation (Conrail) asks us to stay all proceedings before the Interstate Commerce Commission (ICC) in Finance Docket No. 29,802, Delaware and Hudson Railway Company v. Consolidated Rail Corporation — Petition to Require Reciprocal Switching Agreement, on the ground that the subject matter of those proceedings is within the original and exclusive jurisdiction of this Court under §§...

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