TOWN OF NORWOOD, MASSACHUSETTS v. UNITED STATES

Civ. A. No. 69-1269-C.

318 F.Supp. 1391 (1970)

TOWN OF NORWOOD, MASSACHUSETTS, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, and George P. Baker, Richard C. Bond, Jervis Langdon, Jr., Willard Wirtz, Trustees of the Property of Penn Central Transportation Company, Substituted for Penn Central Company as Parties Defendant.

United States District Court, D. Massachusetts.

November 2, 1970.


Attorney(s) appearing for the Case

Walter J. Gotovich, Town Counsel, Norwood, Mass., Charles F. Wheatley, Jr., William T. Miller, Grace Powers Monaco, Washington, D. C., for plaintiff.

Richard W. McLaren, George Edelstein, Dept. of Justice, Washington, D. C., Herbert F. Travers, Jr., U. S. Atty., James N. Gabriel, Asst. U. S. Atty., Robert W. Ginnane, Manny H. Smith, I. C. C., Washington, D. C., Richard J. Ferriter, Law Dept. of Penn Central, Westwood, Mass. (Trustees of Property of Penn Central) for defendant.

Before ALDRICH, Circuit Judge, WYZANSKI and CAFFREY, District Judges.


OPINION

CAFFREY, District Judge.

This matter came before the court on the basis of a motion for summary judgment filed by plaintiff Town of Norwood, a cross-motion for summary judgment filed by defendant Penn Central Company, and a brief filed jointly by defendants United States and Interstate Commerce Commission, which brief was in the nature of an additional cross-motion for summary judgment.

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