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POTOMAC PASSENGERS ASS'N v. CHESAPEAKE & OHIO RY. CO.

No. 73-2015.

520 F.2d 91 (1975)

POTOMAC PASSENGERS ASSOCIATION, Appellant, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 1975.

Rehearing and Rehearing Denied November 17, 1975.

Attorney(s) appearing for the Case

Pierre E. Dostert, Washington, D. C., for appellant.

James H. Pipkin, Jr., Washington, D. C., with whom William E. Miller, Michael K. Wyatt, Washington, D. C., and Robert O. Smith, Jr., Baltimore, Md., were on the brief for appellees.

Before FAHY, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1975.

Opinion for the Court filed by Circuit Judge Wilkey.

Concurring opinion filed by Senior Circuit Judge FAHY.

WILKEY, Circuit Judge:

On 27 April 1971 Potomac Passengers Association ("Association") filed suit in the District Court against the Chesapeake and Ohio Railway Company and the Baltimore and Ohio Railroad Company ("C & O/B & O") to enjoin the discontinuance of nine passenger...

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