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PENN CENT. CORP. v. CONSOLIDATED RAIL CORP.

Civ. A. No. 77-34.

611 F.Supp. 285 (1985)

PENN CENTRAL CORPORATION, Plaintiff-Counterclaim Defendant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Counterclaim Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY and Connecticut Department of Transportation, Counterclaim Defendants.

Special Court, Regional Rail Reorganization Act.

June 10, 1985.

Attorney(s) appearing for the Case

S. William Livingston, Jr., Arvid E. Roach II, Covington & Burling, Washington, D.C., for Penn Cent. Corp.

Laurence Z. Shiekman, M. Duncan Grant, James M. Beck, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (Donald A. Brinkworth, Consol. Rail Corp., Philadelphia, Pa., of counsel), for counterclaimant, Consol. Rail Corp.

Robert R. Prince, Stamford, Conn., for counterclaim defendant, Metropolitan Transp. Authority.

Mark S. Shipman, Robert R. Prince, Schatz & Schatz, Ribicoff & Kotkin, Stamford, Conn., for counterclaim defendant, Connecticut Dept. of Transp.

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

FRIENDLY, Presiding Judge:

The issue dealt with in this opinion has arisen in an action brought by the Trustees of the Penn Central Railroad (Penn Central) to clarify the conveyance to the Consolidated Rail Corporation (Conrail) of certain trackage rights. Conrail asserted a counterclaim seeking a declaratory judgment that Penn Central remained obligated to fulfill several obligations under two agreements made by Penn Central and the transportation authorities of...

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