MATTER OF ERIE LACKAWANNA RY. CO.

Nos. 75-2446 to 75-2447, 76-1148-76-1149 and 76-1721 to 76-1724.

558 F.2d 1262 (1977)

In the Matter of ERIE LACKAWANNA RAILWAY COMPANY, Debtor. Appeal of UNITED STATES of America. (75-2446; 76-1148; 76-1721/2/3) Appeal of FIRST NATIONAL CITY BANK et al. (75-2447; 76-1149; 76-1723; 76-1724) Appeal of INSTITUTIONAL INVESTORS ERIE GROUP. (75-2447; 76-1149)

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1977.

Rehearing Denied July 29, 1977.


Attorney(s) appearing for the Case

John H. Broadley, Sp. Litigation Counsel, Civ. Div., Dept. of Justice, Washington, D.C., for appellant in 75-2446, 76-1148, 76-1721 and 76-1722, and for appellee in 75-2447, 76-1149, 76-1723 and 76-1724.

Morton Hollander, David J. Anderson, Sp. Litigation Counsel, Civ. Div., Dept. of Justice, Washington, D.C., for appellant in 75-2446.

Melvin E. Bank, Alan R. Lepene, Thompson, Hine & Flory, Cleveland, Ohio, for appellee in 75-2446, for appellant in 75-2447, 76-1149, 76-1723, and for First Nat. & U.S. Trust of N.Y. in 76-1148, 76-1723 and 76-1724.

William S. Paddock, Frank C. Heath, Jones, Day, Reavis & Pogue, Carl C. Tucker, Cleveland, Ohio, for appellee in 75-2446, for appellant in 75-2447, for Morgan Guar., Cleveland Trust in 76-1148, 76-1149, for Morgan Trust, Cleveland Trust and Institutional Harvesters in 76-1723 and 76-1724.

Ralph A. Colbert, Marc W. Freimuth, Squire, Sanders & Dempsey, Cleveland, Ohio, for appellee in 75-2446, for Manufacturers and Marine Midland in 76-1148 and 76-1149, for Manufacturers Hanover and Marine Midland in 76-1723.

Wallace R. Steffen, Richard Jackson, Erie Lackawanna Railway Co., Cleveland, Ohio, Harry G. Silleck, Jr., Mudge, Rose, Guthrie & Alexander, New York City, for appellee in 75-2446, 76-1721, 76-1722, for cross-appellants in 76-1149.

Thomas L. Bryan, Willkie, Farr & Gallagher, New York City, for appellee in 75-2446, for Institutional Investors Erie Group in 76-1148 and 76-1723, for cross-appellants in 76-1149.

Fred H. Marcusa, Davis, Polk & Wardwell, New York City, for appellee in 75-2446.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, for appellant in 76-1721 and 76-1722, and for appellee in 76-1723 and 76-1724.

Before WEICK, LIVELY and ENGEL, Circuit Judges.


PER CURIAM.

The Government has appealed from four Reorganization Court Orders, being Nos. 410, 431, 453 and 478, denying its petitions for orders directing the Trustees of the Debtor, Erie Lackawanna Railway Company (EL), to enter into proposed Financial Assistance Agreements submitted by Federal Railroad Administration (FRA) under Section 215 of the Regional Rail Reorganization Act (RRRA), 45 U.S.C. § 725. These proposed agreements would have permitted FRA to...

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