MATTER OF PENN CENT. TRANSP. CO.

No. Bky 70-347.

411 F.Supp. 1079 (1976)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. In re DETERMINATIONS UNDER §§ 211(h)(2) AND 211(h)(3) OF the RAIL ACT.

United States District Court, E. D. Pennsylvania.

April 2, 1976.


Attorney(s) appearing for the Case

Covington & Burling by Charles Horsky, Washington, D. C., and James Howard, and Paul R. Duke, Philadelphia, Pa., for the trustees, Penn Central Transp. Co.

Duane, Morris & Heckscher by William R. Traub, Philadelphia, Pa., for the trustee, Lehigh Valley Railroad Co.

Sullivan & Worcester by Morris Raker, Boston, Mass., and Gratz, Tate, Spiegel, Ervin & Ruthrauff by Spencer Ervin, Jr., Philadelphia, Pa., for Richard Joyce Smith, Trustee, New York, New Haven & Hartford Railroad Co.

Pepper, Hamilton & Scheetz by John G. Harkins, Jr., Philadelphia, Pa., for Consolidated Rail Corp.

Wilmer, Cutler & Pickering by William R. Perlik, and Stephen F. Black, Washington, D. C., for United States Railway Assn.

Rogers & Wells by William R. Glendon, New York City, and Clark, Ladner, Fortenbaugh & Young by Edward C. Toole, Jr., Philadelphia, Pa., for Committee of Interline Railroads.

Goodman & Ewing by William H. Ewing, Philadelphia, Pa., for Connecting Railway Co.; Trustee of Delaware Railroad Co.; Trustee of Philadelphia, Baltimore & Washington Railroad Co.; Trustee of United New Jersey Railroad & Canal Co.; Trustee of New York & Harlem Railroad Co.; Trustee of Fort Wayne & Jackson Railroad Co.; Trustee of New York Connecting Railroad Co.; Trustee of Little Miami Railroad Co.

Willkie, Farr & Gallagher by Walter H. Brown, Jr., and Thomas Bryan, New York City, for Institutional Investors Penn Central Group.

Ballard, Spahr, Andrews & Ingersoll by Frederic L. Ballard, Richardson Blair, James D. Coleman, and Lewis A. Grafman, Philadelphia, Pa., for Institutional Investors, Schedule A Indenture Trustees, and for Indenture Trustees (in Lehigh Valley proceeding).

Jerome Sharfman, Dept. of Transp., Washington, D. C., for the United States of America.

Henri F. Rush, Washington, D. C., for the Interstate Commerce Commission.

David Berger, P. A. by Daniel Berger, Philadelphia, Pa., for Penn Central Co.

Richard R. Bongartz, Westport, Mass., for the Trustees, Penn Central Transportation Co. (in Lehigh Valley proceeding).

Robert Redmon, Washington, D. C., for Ford Motor Co.


MEMORANDUM IN SUPPORT OF ORDER NO. 2297

FULLAM, District Judge.

The Regional Rail Reorganization Act of 1973, as amended by the Railroad Revitalization and Regulatory Reform Act of 1976 (together hereinafter referred to as "the Rail Act"), now contains § 211(h), 45 U.S.C. § 721(h), which is intended to provide at least partial solutions to some of the problems surrounding the orderly transfer of rail assets and operating responsibilities from the...

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