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IN RE PENN CENTRAL TRANSPORTATION COMPANY

Nos. 71-1799, 71-1916.

457 F.2d 381 (1972)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of STATE OF NEW YORK and T. W. Parker, Commissioner of Transportation of the State of New York. T. W. PARKER, Commissioner of Transportation of the State of New York, Appellant, v. PENN CENTRAL TRANSPORTATION COMPANY.

United States Court of Appeals, Third Circuit.

Decided March 17, 1972.

As Amended March 23, 1972.

Attorney(s) appearing for the Case

Thomas F. Harrison, New York City, for appellants.

Donald A. Brinkworth, Philadelphia, Pa., for appellees-trustees.

Gordon P. MacDougall, Sp. Asst., Washington, D.C., for appellees, Commonwealth of Pa., Pa. Public Utility Comm. and City of Philadelphia.

Hanford O'Hara, I. C. C., Washington, D.C., for appellee, I. C. C.

Before VAN DUSEN and JAMES ROSEN, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

JAMES ROSEN, Circuit Judge.

This case is here on appeal from Order No. 377 of the United States District Court for the Eastern District of Pennsylvania ("Reorganization Court") insofar as that order refuses to extend as a preliminary injunction the terms of a temporary restraining order requiring the Trustees of Penn Central Transportation Company ("Debtor") to continue operating eight passenger trains between New York City and Chatham...

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