IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

341 F.Supp. 815 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re PROPOSED SETTLEMENT AGREEMENT WITH MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

United States District Court, E. D. Pennsylvania.

May 1, 1972.


Attorney(s) appearing for the Case

Ivan Shomer, Philadelphia, Pa., and Richard J. Ferriter, Boston, Mass., for the trustees, Penn Central Transportation Co.

Tate & Ervin by Spencer Ervin, Jr., and Wilbur Bourne Ruthrauff, Philadelphia, Pa., for Richard Joyce Smith, trustee, New York, New Haven & Hartford Railroad.

Morgan, Lewis & Bockius by John N. Schaeffer, Jr., and Peter Koury, Philadelphia, Pa., for The Fidelity Bank and Joseph F. McDonald, indenture trustees.

Fox, Rothschild, O'Brien & Frankel by Nochem S. Winnet, Philadelphia, Pa., for First National City Bank of New York.

James Dausch, Dept. of Justice, for the United States.

Ballard, Spahr, Andrews & Ingersoll, by Morris Cheston, Jr., Philadelphia, Pa., for Morgan Guaranty Trust Co. of New York, Bankers Trust Co., First Pennsylvania Bank & Trust Co., Girard Trust Bank, Irving Trust Co., Manufacturers Hanover Trust Co., Mellon National Bank, New England Merchants National Bank, and United States Trust Co.


MEMORANDUM AND ORDER NO. 682

[Re: Proposed Settlement Agreement with Massachusetts Bay Transportation Authority]

FULLAM, District Judge.

In 1965, a predecessor of the Debtor1 conveyed certain property in Massachusetts to the Massachusetts Bay Transportation Authority ("MBTA") for the purpose of enabling MBTA to construct a high-speed commuter line. Under the terms of the conveyance, the railroad retained an easement...

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