MATTER OF PENN CENTRAL TRANSP. CO.

Nos. 75-1902, 75-2031 and 75-2151.

533 F.2d 1347 (1976)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor. Appeal of UNITED STATES of America. In the Matter of CENTRAL RAILROAD COMPANY OF NEW JERSEY, Debtor. Appeal of R. D. TIMPANY, Trustee of the Property of the Central Railroad Company of New Jersey.

United States Court of Appeals, Third Circuit.

Decided March 3, 1976.


Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Robert E. J. Curran, U. S. Atty., Philadelphia, Pa., Morton Hollander, David J. Anderson, James F. Dausch, Dept. of Justice, Washington, D. C., for United States, appellant in No. 75-1902 and No. 75-2151, and appellee in No. 75-2031; John Hart Ely, Gen. Counsel, Jerome E. Sharfman, Michael T. Haley, Dept. of Transp., Washington, D. C., of counsel, for appellant in No. 75-1902.

James E. Howard, Philadelphia, Pa., for Robert W. Blanchette, Richard C. Bond and John H. McArthur, Trustees of the property of Penn Central Transportation Co., Debtor, appellees in No. 75-1902 and No. 75-2151.

Frederic L. Ballard, Lewis A. Grafman, Philadelphia, Pa., for Institutional Investors Penn Central Group and Indenture Trustees, appellees in No. 75-1902.

Morris Raker, Stewart W. Kemp, Boston, Mass., for Richard Joyce Smith, Trustee of the property of The New York, New Haven, and Hartford Railroad Company, Debtor, appellee in No. 75-2151; James Wm. Moore, New Haven, Conn., Gratz, Tate, Spiegel, Ervin & Ruthrauff, Philadelphia, Pa., Sullivan & Worcester, Boston, Mass., of counsel.

Stanley Weiss, Robert E. Turtz, Newark, N. J., for R. D. Timpany, Trustee of the property of The Central Railroad Company of New Jersey, appellant in No. 75-2031; Richard B. Wachenfeld, Newark, N. J., of counsel; Dean R. May, Newark, N. J., on the brief.

Before HASTIE, GIBBONS and ROSENN, Circuit Judges.


OPINION OF THE COURT

HASTIE, Circuit Judge.

Two orders, No. 1884 and No. 1981, issued May 16, 1975 and August 4, 1975, by the District Court for the Eastern District of Pennsylvania in the Penn Central railroad reorganization and an order, No. 764 issued July 22, 1975, by the District Court for the District of New Jersey in the New Jersey Central railroad reorganization, have been appealed to this court. The three orders adjudicate similar controversies...

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