IN RE ERIE LACKAWANNA RAILWAY CO.

Nos. 74-1192 to 74-1195.

517 F.2d 893 (1975)

In the Matter of ERIE LACKAWANNA RAILWAY CO., Debtor. Appeal of SOLON, AURORA, MANTUA AND YOUNGSTOWN and the Commuters who regularly ride Train No. 28 and No. 29, Interstate Commerce Commission, Amicus Curiae. Appeal of RAILWAY LABOR EXECUTIVE ASSOCIATION. Appeal of PUBLIC UTILITIES COMMISSION OF OHIO. Appeal of UNITED STATES of America.

United States Court of Appeals, Sixth Circuit.

May 6, 1975.


Attorney(s) appearing for the Case

Loyal V. Buescher, Charles T. Riehl, Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, for Solon, Aurora, Mantua and Youngstown.

Wallace R. Steffen, Cleveland, Ohio, for Trustees.

Clarence M. Mulholland, Richard R. Lyman, Mulholland, Hickey & Lyman, Toledo, Ohio, Edward J. Hickey, Jr., William J. Hickey, Geoffrey N. Zeh, Washington, D. C., for Railway Labor Executive Assn.

William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, Keith F. Henley, Cheryl H. Keith, Columbus, Ohio, Marvin I. Resnik, Columbus, Ohio, for Public Utilities Commission of Ohio.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Carla A. Hills, Stephen F. Eiperin, David Anderson, James F. Dausch, Attys., U. S. Dept. of Justice, Washington, D. C., for United States.

Before McCREE, LIVELY and ENGEL, Circuit Judges.


ENGEL, Circuit Judge.

This is an appeal from Order No. 169 of the United States District Court for the Northern District of Ohio, sitting as a reorganization court under Section 77 of the Bankruptcy Act, 11 U.S.C. § 205. That order authorized the Trustees of the Erie Lackawanna Railway Company to discontinue the railway's commuter trains 28 and 29, which run between Youngstown and Cleveland, Ohio, a distance of approximately...

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