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MINSI RAIL CORP. v. U.S.

Civ. A. Nos. 85-12, 85-13.

638 F.Supp. 1346 (1986)

MINSI RAIL CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. JUST BORN, INC. and Scholl Lumber Company, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant.

Special Court, Regional Rail Reorganization Act.

June 27, 1986.

Attorney(s) appearing for the Case

John D. Heffner, Gerst & Heffner, Washington, D.C., for petitioner Minsi Rail Corp. and plaintiffs Just Born, Inc. and Scholl Lumber Co.

Alan E. Kleinburd, Dept. of Justice, Washington, D.C., for respondent U.S. of America.

Robert J. Grady, Robert S. Burk, General Counsel, Henri F. Rush, Deputy General Counsel, I.C.C., Washington, D.C., for respondent I.C.C.

Thomas E. Zemaitis, Pepper, Hamilton & Scheetz, Charles E. Mechem, Consolidated Rail Corp., Philadelphia, Pa., for defendant Consolidated Rail Corp.

Before GASCH, P.J., and BRYANT and WEINER, JJ.

MEMORANDUM

GASCH, Presiding Judge:

These two related cases grow out of the attempt by Consolidated Rail Corporation ("Conrail") to abandon two tracks located in northeast Pennsylvania, under the expedited abandonment procedures of section 308 of the Regional Rail Reorganization Act ("§ 308").1 These cases raise the novel question of whether Conrail's notice under § 308(c) that the tracks generate "insufficient revenues...

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