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CONSOL. RAIL CORP. v. TRUSTEES OF PENN C. TRANSP. CO.

Civ. A. No. 76-1.

421 F.Supp. 1047 (1976)

CONSOLIDATED RAIL CORPORATION, Petitioner, v. TRUSTEES OF PENN CENTRAL TRANSPORTATION COMPANY et al., Respondents.

Special Court, Regional Rail Reorganization Act.

Decided March 25, 1976.

Attorney(s) appearing for the Case

John G. Harkins, Jr., Alexander Kerr, Laurence Z. Shiekman, Philadelphia, Pa. (Pepper, Hamilton & Scheetz), Philadelphia, Pa., for petitioner.

Paul R. Duke, Vice President, Law, and Matthew J. Siembieda, Penn Cent. Transp. Co., Philadelphia, Pa., and Brice M. Clagett, Washington, D. C. (Covington & Burling), Washington, D. C., for respondents other than the Trustees of Michigan Cent. R. Co.

Herbert G. Schieck (MacCoy, Evans & Lewis), Philadelphia, Pa., for respondent Trustee of Michigan Cent. R. Co.

Herbert E. Milstein, and Glen DeValerio, Washington, D. C. (Harold E. Kohn, Philadelphia, Pa., of counsel), for intervenors John L. Topping and John K. Custis, minority stockholders of Canada Southern R. Co.

William R. Perlik, Washington, D. C. (Wilmer, Cutler & Pickering), Washington, D. C., and Jordan Jay Hillman, Gen. Counsel, United States Railway Ass'n, Washington, D. C., for United States Railway Ass'n, amicus curiae.

Before FRIENDLY, P. J., and WISDOM and THOMSEN, JJ.

FRIENDLY, Presiding Judge.

I.

This action was begun by a petition of Consolidated Rail Corporation (ConRail) for an injunction against the respondents, who are the Trustees of Penn Central Transportation Company (Penn Central), the Trustee of Michigan Central Railroad Company (Michigan Central), and directors of Canada Southern Railroad Company (Canada Southern) and of Excelsior Truck Leasing Company (Excelsior).

Penn Central and Michigan Central...

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