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PENNSYLVANIA RAILROAD COMPANY v. SHARFSIN

No. 15855.

369 F.2d 276 (1966)

The PENNSYLVANIA RAILROAD COMPANY, Appellee, v. Joseph SHARFSIN, P. Stephen Stahlnecker, Robert W. Anthony, William F. O'Hara and John L. Dorris, Individually and as Commissioners of the Pennsylvania Public Utility Commission, Appellants.

United States Court of Appeals Third Circuit.

Decided December 6, 1966.

Attorney(s) appearing for the Case

William A. Goichman, Philadelphia, Pa. (Edward Munce, Asst. Counsel, Joseph C. Bruno, Chief Counsel, Harrisburg, Pa., on the brief), for appellants.

Charles E. Mechem, Asst. General Sol., Pennsylvania Railroad Co., Legal Department, Philadelphia, Pa., for appellee.

Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This appeal by the Pennsylvania Public Utility Commission ("P. U. C.") challenges an injunction issued by the District Court at the behest of the Pennsylvania Railroad ("Railroad") against enforcement of a P. U. C. order commanding the Railroad to restore certain train service within Pennsylvania.

In November 1960, the Railroad applied to the P. U. C. for authority to discontinue service at stations within...

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