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IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 72-1006.

472 F.2d 1171 (1973)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of The FIDELITY BANK, Individually, on behalf of the New York and Harlem Railroad Company, and on behalf of all other shareholders of the New York and Harlem Railroad Company other than Penn Central Transportation Company.

United States Court of Appeals, Third Circuit.

Decided January 12, 1973.

Attorney(s) appearing for the Case

Victor S. Friedman, Fried, Frank, Harris, Shriver & Jacobson, New York City, for appellant.

Marvin Comisky, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for appellee.

Before KALODNER, ADAMS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This is an appeal by The Fidelity Bank from Order No. 496 of the United States District Court for the Eastern District of Pennsylvania in the pending reorganization proceedings of the Penn Central Transportation Company under § 77 of the Bankruptcy Act, 11 U.S.C.A. § 205.

Order No. 496 enjoins Fidelity Bank, until further order, from proceeding further with an action it had instituted, individually and derivatively...

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