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PITTSBURGH AND LAKE ERIE RAILROAD CO. v. UNITED STATES

Civ. A. No. 68-361.

294 F.Supp. 86 (1968)

The PITTSBURGH AND LAKE ERIE RAILROAD COMPANY and Pennsylvania New York Central Transportation Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court W. D. Pennsylvania.

November 25, 1968.

Attorney(s) appearing for the Case

Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn, Deputy Gen. Counsel, Interstate Commerce Commission Washington, D.C., for Interstate Commerce Comm.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for the United States.

Gordon E. Neuenschwander, Pittsburgh, Pa., for Pittsburgh & Lake Erie R. Co.

Robert D. Brooks, Thompson W. Ryan, New York City, for Penn Central.

E. V. Buckley, Pittsburgh, Pa., for Western Maryland, C. & O., B. & O. and Maryland Port Authority.

Norman C. Melvin, Gen. Counsel, Western Maryland Railway Co., Baltimore, Md., for Western Maryland.

William L. Marbury, Baltimore, Md., for Maryland Port Authority.

Edward K. Wheeler, Washington, D. C., for C. & O. and B. & O.

John Guandolo, MacDonald & McInerney, Washington, D.C., for City of Hagerstown.

Harry Lentchner, Pittsburgh, Pa., for Minority Directors of Reading Co.

Before STALEY, Circuit Judge, and WILLSON and DUMBAULD, District Judges.

OPINION

DUMBAULD, District Judge.

This action was instituted by the Pittsburgh and Lake Erie Railroad Company ("P. & L. E.") and Pennsylvania New York Central ("Penn Central") to set aside a report dated February 21, 1967, and an order issued pursuant thereto dated February 23, 1968, by the Interstate Commerce Commission authorizing the Chesapeake & Ohio Railway Company ("C. & O.") and the Baltimore & Ohio Railroad Company ("B. & O."...

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