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BALTIMORE AND OHIO R. CO. v. OBERLY

Civ. A. No. 84-452-WKS.

606 F.Supp. 1340 (1985)

The BALTIMORE AND OHIO RAILROAD COMPANY, a corporation of the State of Maryland, d/b/a One of the Chessie Systems Railroads, the Baltimore and Philadelphia Railroad Company, a corporation of the States of Pennsylvania and Delaware, d/b/a One of the Chessie Systems Railroads, Mount Clare Properties (Delaware), Inc., a corporation of the State of Maryland, and Chessie Motor Express, Inc., a corporation of the State of Delaware, Plaintiffs, v. Charles M. OBERLY, III, Attorney General of the State of Delaware, and John E. Wilson, III, Secretary of the Department of Natural Resources and Environmental Control of the State of Delaware, Defendants.

United States District Court, D. Delaware.

April 9, 1985.

Attorney(s) appearing for the Case

David S. Swayze, William E. Manning, James L. Holzman, Wendie E. Cohen, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., Richard Keene, John J. Higinbothom, Baltimore, Md., for plaintiffs.

John J. Polk, Ellen R. Chaikin, Deputy Attys. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

STAPLETON, Chief Judge:

The plaintiffs in this case, Baltimore & Ohio Railroad Company ("B & O"), the Baltimore & Philadelphia Railroad Company, Mount Clare Properties (Delaware), Inc. and Chessie Motor Express (collectively "the Chessie Group"), bring this action for declaratory and injunctive relief against defendants Charles M. Oberly, III, in his capacity as the Attorney General of the State of Delaware, and John E. Wilson, III, in...

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