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PENN CENTRAL TRANSP. CO. v. PIRATE CANOE CLUB, INC.

No. 745, Docket 72-1022.

463 F.2d 127 (1972)

PENN CENTRAL TRANSPORTATION COMPANY, Debtor, Plaintiff-Appellant, v. PIRATE CANOE CLUB, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 14, 1972.

Attorney(s) appearing for the Case

William P. Jones, New York City, for plaintiff-appellant.

Robert E. Ferguson, Poughkeepsie, N.Y. (Van De Water & Van De Water, Poughkeepsie, N.Y., on the brief), for defendant-appellee.

Before FEINBERG, MULLIGAN and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

In July 1970 Penn Central Transportation Company (the Railroad) brought this diversity action seeking declaratory and injunctive relief against threatened use of a purported easement across the Railroad's tracks on the east bank of the Hudson River, approximately two and one-half miles south of Poughkeepsie, New York. At that site, the defendant Pirate Canoe Club, Inc. intends to build a clubhouse for its members on waterfront property on...

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