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IN RE MORRISTOWN & ERIE R. CO.

No. 89-5077.

885 F.2d 98 (1989)

In re MORRISTOWN & ERIE RAILROAD COMPANY. Appeal of MORRISTOWN & ERIE RAILWAY, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Roger C. Ward (argued), Steven J. Halpern, Pitney, Hardin, Kipp & Szuch, Morristown, N.J., for appellant.

David J. Sheehan (argued), Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for appellee.

Peter N. Perretti, Jr., Atty. Gen. of New Jersey, Kenneth W. Elwell, Deputy Atty. Gen., State of N.J., Div. of Law, Environmental Protection Section, Trenton, N.J., for New Jersey Dept. of Environmental Protection.

Before STAPLETON, SCIRICA and ROSENN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal raises an issue concerning the scope of a district court's injunctive powers under section 105(a) of the Bankruptcy Code. The trustee in bankruptcy, seeking to expedite the bankruptcy proceedings, sought an order from the district court requiring the Morristown & Erie Railway (the Railway) to supply financial assurance and apply for a permit from the New Jersey Department of Environmental Protection...

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