CONSOLIDATED RAIL CORPORATION, Plaintiff,
and
United States of America and United States Railway Association, Intervenors,
v.
READING COMPANY; Carl Scholing, on behalf of himself, and all others similarly situated; and Woodrow W. Schwambach, on behalf of himself and all others similarly situated, Defendants.
CONSOLIDATED RAIL CORPORATION, United States Railway Association, and United States of America, Plaintiffs,
v.
ERIE LACKAWANNA, INC., Floyd Patrick, et al., Defendants.
Francis PUISHIS, Executor of the Estate of Anthony J. Puishis, Phillip Angello and John C. Henning, Plaintiffs,
v.
NATIONAL RAILROAD PASSENGER CORPORATION and Consolidated Rail Corporation, Defendants.
Special Court, Regional Rail Reorganization Act.https://leagle.com/images/logo.png
January 27, 1987.
January 27, 1987.
Attorney(s) appearing for the Case
Laurence Z. Shiekman, M. Duncan Grant, Patricia H. Burrall, Mary Beth Clark, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Bruce B. Wilson, Donald A. Brinkworth, Philadelphia, Pa., for Consolidated Rail Corp.
Christopher M. Klein, John C. Morland, Washington, D.C., for National R.R. Passenger Corp.
Richard K. Willard, Asst. Atty. Gen., Michael F. Hertz, Alan E. Kleinburd, U.S. Dept. of Justice, Washington, D.C., and Frazer C. Hilder, U.S. Ry. Ass'n, Washington, D.C., for U.S. and U.S. Ry. Ass'n.
Harry G. Silleck, Jr., Howard W. Goldstein, James Niss, Adrian von Hassel, Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for Erie Lackawanna, Inc.
Howard H. Lewis, Timothy I. McCann, Sprecher, Felix, Visco, Hutchinson & Young, Philadelphia, Pa., for Reading Co.
Alan L. Krumholz, Pearlman, Krumholz, Horn & Shechtman, Jersey City, N.J., for Floyd Patrick, et al.
Joseph F. Rice, James H. Rion, Jr., Blatt & Fales, Barnwell, S.C., Richard H. Middleton, Middleton & Anderson, Savannah, Ga., for Carl Scholing and Woodrow W. Schwambach.
Robert J.F. Brobyn, Raymond P. Forceno, Brobyn & Forceno, Philadelphia, Pa., for Francis Puishis, et al.
Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.
Special Court, Regional Rail Reorganization Act.
MEMORANDUM
BRYANT, Judge:
I. Introduction
These actions are brought pursuant to the Regional Rail Reorganization Act of 1973 ("Rail Act" or "3R Act"), 45 U.S.C. § 701 et seq., as amended by the Northeast Rail Service Act of 1981 ("NRSA"), 45 U.S.C. § 1101 et seq. All the cases stem from personal injury suits commenced by various longtime railroad employees, or their representatives, in federal and state courts under...
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