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CONSOL. RAIL CORP. v. PA. PUBLIC UTILITY COM'N

C.A. No. 83-6.

565 F.Supp. 153 (1983)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, et al., Defendants.

Special Court, Regional Rail Reorganization Act.

June 7, 1983.

Attorney(s) appearing for the Case

Robert L. Kendall, Jr., Philadelphia, Pa. (Jerome J. Shestack, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., John W. Rowe, Bruce B. Wilson, Charles E. Mechem, Consol. Rail Corp., Philadelphia, Pa., of counsel), for plaintiffs.

Richard S. Herskovitz, Asst. Counsel, Harrisburg, Pa. (John B. Wilson, Deputy Chief Counsel, Charles F. Hoffman, Chief Counsel, Pennsylvania Public Utility Com'n, Harrisburg, Pa., of counsel), for defendants.

Barbara L. Smith, Titusville, Pa. (Mahany, Roeder & Smith, Titusville, Pa., of counsel), for intervenors.

Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

MEMORANDUM AND ORDER

BRYANT, Judge:

This case is before the court on Consolidated Rail Corporation's (Conrail) motion for a preliminary injunction and declaratory judgment. The plaintiff seeks relief from an order of the defendant, Pennsylvania Public Utility Commission (PUC), compelling Conrail to continue operations to the Fieldmore Springs Track. We grant the plaintiff's motion for declaratory relief.

This action arises out of the defendants'...

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