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IN RE PENN CENTRAL TRANSPORTATION COMPANY

No. 74-2301.

520 F.2d 1388 (1975)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of PENN CENTRAL COMPANY.

United States Court of Appeals, Third Circuit.

Decided August 4, 1975.

Attorney(s) appearing for the Case

David Berger, Gerald J. Rodos, Paul J. McMahon, Edward H. Rubenstone, Philadelphia, Pa., for appellant Penn Central Co.

Charles A. Horsky, Covington & Burling, Washington, D. C., Paul R. Duke, Penn Central Transportation Co., Philadelphia, Pa., for Penn Central Trustees.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Penn Central Company, sole stockholder and an unsecured creditor of the debtor Penn Central Transportation Company, appeals from Order No. 1698 of the reorganization court which enjoins it from prosecuting a suit asserting a claim solely on its own behalf, against the United States in the Court of Claims pursuant to the Tucker Act.1 28 U.S.C. § 1491. We conclude that the reorganization...

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