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CITY OF WILLIAMSPORT v. UNITED STATES

Civ. No. 9996.

273 F.Supp. 899 (1967)

CITY OF WILLIAMSPORT et al., Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and the Pennsylvania Railroad Company, Defendants.

United States District Court M. D. Pennsylvania.

July 20, 1967.

Attorney(s) appearing for the Case

Henry C. Perciballi, City Sol., Williamsport, Pa., Anthony Manguso, Corp. Counsel, Abraham I. Okun, Asst. Corp. Counsel, George Hamilton Forman, Buffalo, N. Y., Samuel C. Ranck, City Sol., Milton, Pa., Harvey Gelb, Robert P. Casey, Scranton, Pa., Thomas Park Shearer, Pittsburgh, Pa., Gordon P. MacDougall, Washington, D. C., for plaintiff.

James H. Stewart, Jr., of Nauman, Smith, Shissler & Hall, Harrisburg, Pa., Donald A. Brinkworth, Pittsburgh, Pa., for defendant Pennsylvania R. Co.

Bernard J. Brown, U. S. Atty., Scranton, Pa., for defendant United States.

Before FREEDMAN, Circuit Judge, and SHERIDAN and NEALON, District Judges.

NEALON, District Judge.

Defendant, Pennsylvania Railroad Company (Pennsylvania), has moved this three-Judge Court to dissolve a temporary restraining order issued May 15, 1967, by District Judge Nealon or, in the alternative, to vacate the order pending the posting of security.

Pennsylvania operates passenger trains Numbers 570 (Southbound) and 571 (Northbound) between Buffalo, New York, and Baltimore, Maryland. On December 7, 1966, in accordance with the...

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