CONSOLIDATED RAIL CORP. v. PITTSBURGH & L. E. R. CO.

Civ. A. No. 78-2.

459 F.Supp. 1013 (1978)

CONSOLIDATED RAIL CORPORATION, Plaintiffs, v. PITTSBURGH AND LAKE ERIE RAILROAD COMPANY, Defendants.

Special Court, Regional Rail Reorganization Act.

October 18, 1978.


Attorney(s) appearing for the Case

Laurence Z. Shiekman, Philadelphia, Pa. (John G. Harkins, Jr., and Teresa R. Novick, Washington, D.C., of counsel), Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff Consolidated Rail Corp.

Fritz R. Kahn, Washington, D.C. (Dennis J. Whittlesey and Floyd H. Lewis, Washington, D.C., of counsel), Verner, Lipfert, Bernhard & McPherson, Washington, D.C., for defendant Pittsburgh and Lake Erie R. Co.

Henri F. Rush, Associate Gen. Counsel, Washington, D.C. (Mark L. Evans, Gen. Counsel, Washington, D.C.), for intervenor Interstate Commerce Commission.

Before FRIENDLY, P. J., and WISDOM and THOMSEN, JJ.


FRIENDLY, Presiding Judge:

In this action Consolidated Rail Corporation (ConRail) seeks declaratory and injunctive relief with respect to a controversy which has arisen between it and the Pittsburgh & Lake Erie Railroad Company (P&LE) with respect to a trackage rights agreement relating to the Ashtabula Harbor Branch, formerly owned by the Penn Central Transportation Company (Penn Central), extending northward from Ashtabula, Ohio, to the coal and iron ore...

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