In re DELAWARE AND HUDSON RAILWAY COMPANY, a Delaware corporation, Debtor.
United States District Court, D. Delaware.https://leagle.com/images/logo.png
January 24, 1989.
January 24, 1989.
Attorney(s) appearing for the Case
Richard G. Elliott, Jr., of Richards, Layton & Finger, Wilmington, Del., for debtor.
Francis J. Murphy, of Ashby, McKelvie & Geddes, Wilmington, Del., Carmine J. Clemente, Deputy Com'r and Special Counsel, and Leona D. Jochnowitz, New York State Dept. of Transp., for New York State Dept. of Transp.
Eduard F. von Wettberg, III, Mary M. Johnston, and Joanne B. Wills, of Morris, James, Hitchens & Williams, Wilmington, Del.; of counsel: Stanley J. Samorajczyk, and Nora M. Everett, of Hazel, Thomas, Fiske, Beckhorn & Hanes, P.C., Fairfax, Va., for Francis P. Dicello, Trustee.
Jeffrey S. Goddess, of Saul, Ewing, Remick & Saul, Wilmington, Del., of counsel: John H. Broadley, David A. Handzo, and Thomas N. Griffin, of Jenner & Block, Washington, D.C., for Guilford Transp. Industries, Inc.
Janet K. DeCosta, of Highsaw & Mahoney, P.C., Washington, D.C., for RLEA.
James E. Patrick, of O'Connell & Aronowitz, P.C., Albany, N.Y., for Northeastern Industrial Park.
William H. Sudell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for Mellon Bank.
Lynda S. Doud, of McClung, Peters and Simon, Albany, N.Y., for employees w/FELA claims.
G. Joseph King, U.S. Dept. of Transp., Washington, D.C.
Arthur L. Rosen, Troy, New York.
United States District Court, D. Delaware.
MURRAY M. SCHWARTZ, Chief Judge.
The New York State Department of Transportation ("NYSDOT") has appealed to this Court the order of the United States Bankruptcy Court for the District of Delaware refusing to transfer venue of the railroad reorganization case of the Delaware and Hudson Railway Company (the "D & H").1 The trustee of the railroad, Francis P. Dicello ("Dicello") has moved to dismiss NYSDOT's appeal on two grounds: (1)...
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