MATTER OF CENT. R. CO. OF NEW JERSEY

Nos. 77-1960, 77-2001, 77-2002, 77-2104 and 77-2150.

579 F.2d 804 (1978)

In the Matter of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, Debtor. Appeal of R. D. TIMPANY, etc., in No. 77-1960. Appeal of CONSOLIDATED RAIL CORPORATION, in No. 77-2001. Appeal of UNITED STATES RAILWAY ASSOCIATION, in No. 77-2002. Appeal of UNITED STATES of America, in No. 77-2104. Appeal of Robert W. BLANCHETTE et al., in No. 77-2150.

United States Court of Appeals, Third Circuit.

Decided June 22, 1978.


Attorney(s) appearing for the Case

John G. Harkins, Jr., Laurence Z. Shiekman, Kennth I. Levin, Irwin A. Popowsky, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Consolidated Rail Corp.

Robert J. Ross, Alan E. Kleinburd, Washington, D. C., for United States Railway Association; Cary W. Dickieson, Stephen C. Rogers, Washington, D. C., of counsel.

Barbara Allen Babcock, Asst. Atty. Gen., John H. Broadley, Atty., Sp. Litigation Section, Civ. Div., Washington, D. C., for United States of America.

Stanley Weiss, Carpenter, Bennett & Morrissey, Newark, N. J., for R. D. Timpany, Trustee of Property of Central Railroad Company of New Jersey, Debtor; Dean R. May, Newark, N. J., on brief.

William F. Hyland, Atty. Gen. of New Jersey, Stephen Skillman, Asst. Atty. Gen., Herbert K. Glickman, Douglas G. Sanborn, Michael E. Goldman, Deputy Attys. Gen., Trenton, N. J., for the State of New Jersey.

Carl Helmetag, Jr., John J. Ehlinger, Jr., Philadelphia Pa., Charles A. Horsky, Brice M. Clagett, E. Wynne M. Teel, Covington & Burling, Washington, D. C., for Trustees of the Property of Penn Central Transportation Co.

Before ADAMS, VAN DUSEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This nation has grown ever more concerned in recent years about the future of its rail transportation system, and with good cause. The significant number of bankruptcies of northeastern and midwestern railroads has prompted the public and the Congress — and, increasingly, the courts — to respond actively to the threat to the national welfare presented by the crisis of the railroads.

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