PRAIRIE CENTRAL RY. v. ILLINOIS CENTRAL GULF R.R.

Civ. A. No. 82-10.

564 F.Supp. 385 (1983)

PRAIRIE CENTRAL RAILWAY COMPANY, and The Penn Central Corporation, Plaintiffs, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant.

Special Court, Regional Rail Reorganization Act.

May 25, 1983.


Attorney(s) appearing for the Case

Fritz R. Kahn, William C. Evans, Washington, D.C. (Verner, Liipfert, Bernhard & McPherson, Washington, D.C., of counsel), for plaintiff Prairie Central Ry. Co.

Carl Helmetag, Jr., Philadelphia, Pa. (Verner, Liipfert Bernhard & McPherson, Washington, D.C., of counsel), for plaintiff Penn Central Corp.

R. Eden Martin, Lawrence A. Miller, Richard D. Geiger, Washington, D.C. (Howard D. Koontz, and Sidley & Austin, Chicago, Ill., of counsel), for defendant Illinois Central Gulf R. Co.

Before FRIENDLY, Presiding Judge, and WISDOM and THOMSEN, Judges.


PER CURIAM:

This action raises questions concerning the interpretation and application of §§ 304(c) and (d) of the Rail Act.1 At stake is roughly three miles of trackage and related facilities located between Decatur Junction and Decatur, Illinois, owned by the defendant, Illinois Central Gulf Railroad Co., and used by the co-plaintiff, Prairie Central Railway Co., under a lease agreement with the co-plaintiff, Penn Central Corp...

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