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

Nos. 71-1321, 71-1546.

475 F.2d 325 (1973)

POTOMAC PASSENGERS ASSOCIATION, Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY and Baltimore & Ohio Railroad Company. NATIONAL ASSOCIATION OF RAILROAD PASSENGERS, Appellant, v. CENTRAL OF GEORGIA RAILWAY COMPANY, Southern Railway Company and National Railroad Passenger Corporation.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1973.

Certiorari Granted May 14, 1973.

Attorney(s) appearing for the Case

Messrs. Pierre E. Dostert and Gordon P. MacDougall, Washington, D. C., for appellants.

Mr. Charles A. Horsky, Washington, D. C., with whom Mr. William D. Iverson, Washington, D. C., was on the brief, for appellees Central of Georgia Ry. Co. and Southern Ry. Co.

Mr. William O. Bittman, Washington, D. C., with whom Mr. Curtis E. von Kann, Washington, D. C., was on the brief, for appellee National R. Passenger Corporation.

Mr. Robert O. Smith, Jr., Baltimore, Md., was on the brief for appellees Chesapeake & Ohio Ry. Co. and Baltimore & Ohio R. Co. Messrs. Francis M. Shea and Richard T. Conway, Washington, D. C., also entered appearances for appellees in No. 71-1321.

Before BAZELON, Chief Judge, and WRIGHT and WILKEY, Circuit Judges.

Certiorari Granted May 14, 1973. See 93 S.Ct. 2273.

J. SKELLY WRIGHT, Circuit Judge:

This consolidated appeal consists of two separate cases, each concerning interpretation of the recently enacted Rail Passenger Service Act of 1970, 45 U.S.C. § 501 et seq. (1970) (hereinafter referred to as the Amtrak Act). These cases were initially consolidated because it appeared that they presented the same or closely related legal issues, namely (1) whether...

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