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IN RE PENN CENTRAL TRANSPORTATION COMPANY

Civ. A. Nos. 71-1002, 71-1003 and 71-2301.

370 F.Supp. 22 (1974)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re DISCONTINUANCE OF INTER-CITY PASSENGER SERVICE. CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA, et al., (Party Plaintiffs), v. George P. BAKER et al. T. W. PARKER, Commissioner of Transportation of the State of New York, v. PENN CENTRAL TRANSPORTATION COMPANY. COMMONWEALTH OF PENNSYLVANIA et al., Plaintiffs, v. George P. BAKER et al., Defendants.

United States District Court, E. D. Pennsylvania.

January 23, 1974.

Attorney(s) appearing for the Case

Blank, Rome, Klaus & Comisky by Edward W. Stern, Philadelphia, Pa., Sp. Counsel to the Trustees, Penn Central Transportation Co.

Donald A. Brinkworth, Pittsburgh, Pa., for Penn Central Transportation Co.

Tate & Ervin, by Spencer Ervin, Jr., Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford Railroad.

Fox, Rothschild, O'Brien & Frankel, by Nochem S. Winnet, Philadelphia, Pa., for First National City Bank of New York.

Herbert Smolen, Asst. City Sol., for City of Philadelphia.

Edward A. Harvey, and Drinker, Biddle & Reath by R. Philip Steinberg, Philadelphia, Pa., for SEPTA.

Dechert, Price & Rhoads by Matthew J. Broderick, Philadelphia, Pa., for Penn Central Co.

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

Herman A. Gray, New York City, for Harlem Valley Transp. Assn., Dutchess and Columbia Counties, N. Y. and Berkshire County, Mass.

Thomas F. Harrison, Asst. Atty. Gen., of N. Y., for State of N. Y.

OPINION

FULLAM, District Judge.

Pursuant to the Rail Passenger Service Act of 1970, 45 U.S.C. § 501 et seq., the Debtor no longer provides, or is required to provide, intercity rail passenger service. Since May 1, 1971, all such service has been provided by Amtrak, by means of contracts entered into with various rail carriers, including the Debtor.

Various aspects of the implementation of the Amtrak statute have been the

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