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CONSOLIDATED RAIL CORP. v. CITY OF DOVER

Civ. A. No. 77-387.

450 F.Supp. 966 (1978)

CONSOLIDATED RAIL CORPORATION, a Pennsylvania Corporation, Plaintiff, v. The CITY OF DOVER, a Municipal Corporation of the State of Delaware, Defendant.

United States District Court, D. Delaware.

April 26, 1978.

Attorney(s) appearing for the Case

Robert K. Payson and Christopher J. Warner, of Potter, Anderson & Corroon, Wilmington, Del., Henry R. Horsey, of Morris, James, Hitchens & Williams, Dover, Del., for Consolidated Rail Corp.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, P.A., Dover, Del., for The City of Dover.

OPINION

STEEL, Senior District Judge:

This action was instituted in this court on October 7, 1977, by Consolidated Rail Corporation ("Conrail") seeking permanently to enjoin the City of Dover from enforcing a noise abatement ordinance against Conrail because of its railroad operations within the limits of the City of Dover. On the same date the City of Dover brought an action against Conrail in the Delaware Court of Chancery, in and for Kent County, seeking...

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