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CONSOLIDATED RAIL CORP. v. STATE OF ILL.

Civ. A. No. 76-9.

423 F.Supp. 941 (1976)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. STATE OF ILLINOIS et al., Defendants.

Special Court, Regional Rail Reorganization Act.

Certiorari Denied February 22, 1977.

Attorney(s) appearing for the Case

John G. Harkins, Jr., Laurence Z. Shiekman, Charles J. Bloom, Kenneth I. Levin, Katherine K. Dodd, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for the plaintiff Consolidated Rail Corp.

James H. Heller, Washington, D.C., William J. Scott, Atty. Gen., State of Illinois, Springfield, Ill., Kevin B. McCarthy, Asst. Chief Counsel, Illinois Dept. of Transp., State of Illinois, Homewood, Ill., John P. Meyer, Sp. Asst. Atty. Gen., State of Illinois, Danville, Ill., for the defendants State of Illinois.

Howard M. Wilchins, Gearold K. Knowles, Cary W. Dickieson, Gen. Counsel, United States Railway Assn., Washington, D.C., for the intervenor U.S. Railway Assn.

Emried D. Cole, Jr., Louisville, Ky., for the intervenor Louisville & Nashville Railroad Co.

Before FRIENDLY, Presiding Judge, and WISDOM and THOMSEN, Judges.

Certiorari Denied February 22, 1977. See 97 S.Ct. 1111.

WISDOM, Judge:

This action raises important questions relating to the Special Court's exclusive jurisdiction, construction of the Rail Act,1 and the integrity of the Final System Plan (FSP)2. ConRail moved in this Court for a declaratory judgment and for injunctive relief against enforcement of a permanent...

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