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IN RE CENTRAL RAILROAD COMPANY OF NEW JERSEY

Nos. 73-1006 and 73-1027.

485 F.2d 208 (1973)

In the Matter of The CENTRAL RAILROAD COMPANY OF NEW JERSEY, Debtor. Appeal of STATE OF NEW JERSEY, No. 73-1006. Appeal of COMMONWEALTH OF PENNSYLVANIA and Pennsylvania Public Utility Commission, No. 73-1027.

United States Court of Appeals, Third Circuit.

Reargued May 23, 1973.

Decided August 27, 1973.

Certiorari Denied January 7, 1974.

Attorney(s) appearing for the Case

Stephen Skillman, Asst. Atty. Gen., Trenton, N. J., for appellant in No. 73-1006.

Gordon P. MacDougall, Sp. Asst. Atty. Gen., Washington, D. C., for appellants in No. 73-1027.

Jacob I. Goodstein, Goodstein, Zamore, Mehlman & Krones, New York City, for 3¼% Mortgage Bondholders Protective Committee.

Roger C. Ward, Pitney, Hardin & Kipp, Newark, N. J., for Manufacturers Hanover Trust Co., indenture trustee.

Stanley Weiss, Carpenter, Bennett & Morrissey, Newark, N. J., for trustee of Central R. R. Co. of N. J.

Before SEITZ, C. J., and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, JAMES HUNTER, III and WEIS, Circuit Judges.

Certiorari Denied January 7, 1974. See 94 S.Ct. 870.

ADAMS, Circuit Judge:

May a district judge presiding over a railroad reorganization, pursuant to Section 77 of the Bankruptcy Act,1 permit the Trustees of the railroad to discontinue a loss-producing service or must he withhold his authorization until the Trustees have applied to federal or state regulatory agencies for permission to terminate the service?

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