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CONSOLIDATED RAIL CORP. v. PENN CENT. CORP.

Civ. A. No. 83-11.

582 F.Supp. 1540 (1984)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. The PENN CENTRAL CORPORATION and the Michigan Central Railroad Company, Defendants, v. CANADA SOUTHERN RAILWAY COMPANY, United States Railway Association, and the United States of America, Counterclaim Defendants.

Special Court, Regional Rail Reorganization Act.

As Clarified on Reconsideration of Opinion, March 1, 1984.

Attorney(s) appearing for the Case

Thomas E. Zemaitis, Philadelphia, Pa. (Laurence Z. Shiekman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., of counsel), for plaintiff Consolidated Rail Corp.

Paul R. Duke, Washington, D.C. (James R. Stirn, Covington & Burling, Washington, D.C., Robert J. Siverd, The Penn Central Corporation, New York City, James E. Howard, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., Duncan Finlayson, Gerald C. Hollyer, Kingsmill, Jennings, Toronto, Ontario, of counsel), for defendants The Penn Cent. Corp. and The Michigan Cent. R. Co.

Frederick J. Berman, New York City, (E. Roger Frisch, Walsh & Frisch, New York City, of counsel), for counterclaim defendant The Canada Southern Ry. Co.

Alan Kleinburd, Washington, D.C. (Frazer C. Hilder, U.S. Ry. Ass'n, Washington, D.C. and J. Paul McGrath, Asst. Atty. Gen. and Jane A. Restani, Atty., Civ. Div., Dept. of Justice, Washington, D.C., of counsel), for counterclaim defendants U.S. Ry. Ass'n and U.S.

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

FRIENDLY, Presiding Judge:

This case presents two different controversies, whose common thread is that both involve interests in Canada Southern Railway Company ("CSR") or its rail properties. We shall refer to them as the Conrail-PC controversy and the PC-CSR controversy.

The Pleadings and Motions

The Conrail-PC controversy is presented by the complaint of Consolidated Rail Corporation ("Conrail") against The Penn Central Corporation ("PC...

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