IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 70-347.

382 F.Supp. 856 (1974)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re Proceedings for the REORGANIZATION OF A RAILROAD.

United States District Court, E. D. Pennsylvania.

July 2, 1974.


Attorney(s) appearing for the Case

Covington & Burling by Charles A. Horsky and Brice Clagett, Washington D. C., and Paul R. Duke, John De Podesta, and John B. Rossi, Jr., Philadelphia, Pa., for the trustees, Penn Cent. Trans. Co.

Willkie, Farr & Gallagher by Louis A. Craco, and Walter H. Brown, Jr., New York City, and Ballard, Spahr, Andrews & Ingersoll by Frederic L. Ballard, Philadelphia, Pa., for Institutional Investors Penn Cent. Group.

Shearman & Sterling by Charles C. Parlin, Jr., New York City, and Fox, Rothschild, O'Brien & Frankel by Nochem S. Winnet, Philadelphia, Pa., for First National City Bank of New York.

James William Moore, Philadelphia, Pa., and Sullivan & Worcester by Joseph Auerbach, Morris Raker, and Charles W. Morse, Jr., Boston, Mass., and Gratz, Tate, Spiegel, Ervin & Ruthrauff by Spencer Ervin, Jr., Philadelphia, Pa., for Richard Joyce Smith, trustee, New York, New Haven & Hartford Railroad Co.

Wilmer, Cutler & Pickering by Lloyd Cutler, Washington, D. C., for U. S. Railway Ass'n.

Irwin Goldbloom, Deputy Asst. Atty. Gen., James F. Dausch, and Robert Ashbaugh, Washington, D. C., for the U. S. A.

David Berger, P. A. by David Berger, and Gerald Jay Rodos, Philadelphia, Pa., for Penn Cent. Co.

Leon Leighton, New York City, for minority stockholders of Mahoning Coal Railroad.

Morgan, Lewis & Dockius by Edward B. Cloues, II, Philadelphia, Pa., for the Fidelity Bank.

Curtin & Heefner by Edward I. Dobin, Morrisville, Pa., for Bank of New Jersey.

Kelley, Drye, Warren, Clark, Carr & Ellis by William Sorin, New York City, for Manufacturers Hanover Trust Co.

Gordon P. MacDougall, Washington, D. C., for Commonwealth of Pennsylvania.

John C. McTiernan, Albany, N. Y., for New York Dept. of Trans.

Mulholland, Hickey & Lyman by Geoffrey N. Zeh, Washington, D. C., for Railway Labor Executives' Ass'n.

Highsaw & Mahoney by William G. Mahoney, Washington, D. C., for Congress of Railway Unions.

Albert D. Brandon, Pittsburgh, Pa., for the City of Pittsburgh.

T. P. Shearer, Pittsburgh, Pa., for Pennsylvania State Legislative Board, United Trans. Union.

Theodore C. Knappen, Washington, D. C., for the Interstate Commerce Commission.

Collister Johnson, Jr., for Rail Services Planning Office, Interstate Commerce Commission.

Kenneth S. Levy, Deputy Atty. Gen., for the State of New Jersey.


MEMORANDUM IN SUPPORT OF FINDINGS AND ORDER NO. 1596 PURSUANT TO THE SECOND SENTENCE OF § 207(b) of the Regional Rail Reorganization Act of 1973

FULLAM, District Judge.

I. Procedural Posture

After four years in reorganization under § 77 of the Bankruptcy Act, the estate of the Penn Central Transportation Company has reached another crucial milestone. Pursuant to § 207(b) of the Rail Reorganization Act of 1973

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