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POTOMAC PASSENGERS ASS'N v. CHESAPEAKE & OHIO R. CO.

Civ. A. No. 842-71.

363 F.Supp. 39 (1973)

POTOMAC PASSENGERS ASSOCIATION, Plaintiff, v. CHESAPEAKE AND OHIO RAILROAD COMPANY and Baltimore and Ohio Railroad Company, Defendants.

United States District Court, District of Columbia.

August 3, 1973.

Attorney(s) appearing for the Case

Pierre E. Dostert, Washington, D.C., for plaintiff.

Robert O. Smith, Jr., Baltimore, Md., for defendants.

MEMORANDUM AND ORDER

CORCORAN, District Judge.

This action is before the Court on remand from the Court of Appeals, 475 F.2d 325, to enter a declaratory judgment pursuant to 28 U.S.C. § 2201 (1970), as to whether the operation of certain trains by the defendant Baltimore & Ohio Railroad (B&O) prior to May 1, 1971, and discontinued since that date, constituted "intercity" passenger service within the meaning...

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