MATTER OF PENN CENT. TRANSP. CO.

Nos. 86-1755, 87-1291.

831 F.2d 1221 (1987)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided October 22, 1987.


Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Michael F. Hertz, Alan E. Kleinburd (argued), Kathleen M. Miko, U.S. Dept. of Justice, Washington, D.C., G. Joseph King, Washington, D.C., of counsel, for appellant, United States of America.

James E. Howard (argued), Warren D. Hutchison, John B. Kinsellagh, Kirkpatrick & Lockhart, Boston, Mass., for appellee, The Penn Cent. Transportation Company.

Before GIBBONS, Chief Judge, and WEIS and SLOVITER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Chief Judge:

The United States appeals from two district court orders which, in effect, rejected the government's request for reimbursement in the Penn Central reorganization proceedings. The government advanced an application for reimbursement pursuant to contracts entered into under section 215 of the Regional Rail Reorganization Act of 1973. 45 U.S.C. § 725 ("4R Act"). We will reverse.1<...

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