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CONNECTICUT GEN. INS. CORP. v. UNITED STATES RY. ASS'N

Civ. A. Nos. 74-189, 74-1107 and 74-1149.

383 F.Supp. 510 (1974)

CONNECTICUT GENERAL INSURANCE CORPORATION et al., Plaintiffs, v. UNITED STATES RAILWAY ASSOCIATION et al., Defendants, George P. Baker et al., Intervening-Defendants. Richard Joyce SMITH, Trustee of The New York, New Haven and Hartford Railroad Company, Plaintiffs, v. UNITED STATES of America et al., Defendants, George P. Baker et al., Intervening-Defendants. PENN CENTRAL COMPANY, Plaintiff, v. Claude S. BRINEGAR, as Secretary of Transportation of the United States, et al., Defendants, George P. Baker et al., Intervening-Defendants.

United States District Court, E. D. Pennsylvania.

June 25, 1974.

Attorney(s) appearing for the Case

Willkie, Farr & Gallagher by Louis A. Craco, New York City, for Connecticut General Ins. Corp.

Sullivan & Worcester by Joseph Auerbach, Morris Raker, Charles W. Morse, Boston, Mass., and Gratz, Tate, Spiegel, Ervin & Ruthrauff by Wilbur Bourne Ruthrauff, Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford R. Co.

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

James F. Dausch, and Lloyd Cutler, Washington, D. C., for defendants.

Covington & Burling by Charles A. Horsky, Brice M. Clagett, Washington, D. C., Paul R. Duke, John DePodesta, and John B. Rossi, Jr., Philadelphia, Pa., for the Trustees, Penn Central Transportation Co.

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

Before ALDISERT, Circuit Judge, and FULLAM and BECHTLE, District Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These cases present the question whether an injunction should issue restraining the enforcement of certain provisions of the Regional Rail Reorganization Act of 1973, Public Law 93-236, 45 U.S.C. §§ 743, 744, because of constitutional infirmities. Three-judge courts have been convened pursuant to 28 U.S. C. §§ 2282, 2284, and the matters are consolidated for disposition on cross-motions for...

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