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MATTER OF PENN CENT. TRANSP. CO.

Bankruptcy No. 70-347.

92 B.R. 605 (1988)

In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor, Re: Pollution and Toxic Tort Claims.

United States District Court, E.D. Pennsylvania.

January 14, 1988.

Attorney(s) appearing for the Case

Kenneth N. Hart, Charles Evan Stewart, Donovan, Leisure, Newton & Irvine, New York City and Robert J. Siverd, The Penn Cent. Corp. Philadelphia, Pa. for Penn Cent. Corp.

David Richman, Laurence Z. Shiekman, Pepper, Hamilton & Scheetz, Philadelphia, Pa. for Consolidated Rail Corp.

Steven J. Englemyer, Asst. U.S. Atty., Philadelphia, Pa., for the Government.

Patrick T. Ryan, Joseph A. Dworetzky, Drinker, Biddle & Reath, Philadelphia, Pa., for SEPTA.

Arnold E. Cohen, Lauri Sussman Siegel, Zarwin, Baum, Resnick & Cohen, Philadelphia, Pa. and Joseph C. Kohn, Kohn, Savett, Klein & Graf, Philadelphia, Pa., for petitioners Burrell and Brown.

Arnold Levin, Levin and Fishbein, Philadelphia, Pa., and Arnold E. Cohen, Philadelphia, Pa., for Central Real Estate.

Edward I. Borden, Jr., Bergstrom & Borden, Philadelphia, Pa., for Valley Forge Chapter of Trout Unlimited.

MEMORANDUM AND ORDER 4311

FULLAM, Chief Judge.

Several petitioners seek leave to sue Penn Central Corporation (PCC), on account of the activities of the Debtor, Penn Central Transportation Company (PCTC) during its ownership and operation of a rail yard in Paoli, Pennsylvania.

I.

The relevant facts are largely undisputed. Where there may possibly be lingering controversy, I will assume the truth of petitioners' allegations.<...

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