IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

347 F.Supp. 1356 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re CREW-CONSIST CONTROVERSY with UNITED TRANSPORTATION UNION (UTU).

United States District Court, E. D. Pennsylvania.

July 14, 1972.


Attorney(s) appearing for the Case

Covington & Burling by Charles Horsky, Washington, D. C., Blank, Rome, Klaus & Comisky by Marvin Comisky; Dennis Faucher, Ralph Pickard, Robert W. Blanchette and Edwin K. Taylor, Philadelphia, Pa., for Trustees, Penn Central Transportation Co.

Sullivan & Worcester by Joseph Auerbach, Boston, Mass., Tate & Ervin by Spencer Ervin, Jr., Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford Railroad.

Cornelius C. O'Brien, Jr., Philadelphia, Pa., for Beatrice Brown.

Kelley, Drye, Warren, Clark, Carr & Ellis by Edward Roberts, III, and Robert L. Crawford, New York City, for Manufacturers Hanover Trust Co., as indenture trustee.

Ballard, Spahr, Andrews & Ingersoll by Richardson Blair, Alan S. Fellheimer, Philadelphia, Pa., for Girard Trust Bank.

Ballard, Spahr, Andrews & Ingersoll by Frederic L. Ballard, and Alan S. Fellheimer, Philadelphia, Pa., for Morgan Guaranty Trust Co., as R & I indenture trustee.

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

White & Case by Robert L. Clare, III, New York City, for Bankers Trust Co. and Morgan Guaranty Trust Co. of New York, as trustee of the Lake Shore collateral mortgages.

Davis, Polk & Wardwell by John R. Leekley, New York City, for Morgan Guaranty Trust Co. of New York, as Harlem indenture trustee.

Wolf, Block, Schorr & Solis-Cohen by Michael L. Temin, Philadelphia, Pa., for First Pennsylvania Banking & Trust Co., as indenture trustee.

Morgan, Lewis & Bockius by John N. Schaeffer, Jr., Philadelphia, Pa., for The Fidelity Bank.

Willkie, Farr & Gallagher by Walter H. Brown, Jr., New York City, for Institutional Investors, Penn Central Group.


OPINION IN SUPPORT OF ORDER NO. 830

FULLAM, District Judge.

The Trustees' "Petition . . . for a Hearing on the Status of the Crew Consist Controversy" (Document No. 3751) presents issues of crucial significance to this reorganization and the future viability of Penn Central. Specifically, the question to be decided is what actions the Trustees should be permitted to take in order to achieve final resolution of the long-standing dispute over the number of...

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