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CONSOLIDATED RAIL CORP. v. DICELLO

Civ. A. No. 90-03.

121 B.R. 406 (1990)

CONSOLIDATED RAIL CORPORATION, Petitioner, v. Francis P. DICELLO, Trustee for Delaware and Hudson Railway Company, Respondent.

Special Court, Regional Rail Reorganization Act.

November 1, 1990.

Attorney(s) appearing for the Case

Laurence Z. Shiekman, Stephen J. Cipolla, Michael A. Ceramella, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for petitioner Consolidated Rail Corp.

Charles H. White, Jr., Richard E. Lear, Hazel & Thomas, P.C., Washington, D.C., for respondent Francis P. Dicello, trustee.

Terrence M. Hynes, Loreen M. Marcil, Sidley & Austin, Washington, D.C., for intervenor Canadian Pacific Ltd.

Fritz R. Kahn, Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, Washington, D.C., for intervenor State of N.Y. Dept. of Transp.

Alan E. Kleinburd, Michael F. Hertz, Tracy J. Whittaker, U.S. Dept. of Justice, Washington, D.C., for the U.S. as amicus curiae.

Before WISDOM, Presiding Judge, and GASCH and GREEN, Judges.

WISDOM, Presiding Judge:

Consolidated Rail Corporation ("Conrail") petitions this court seeking an injunction against Francis P. Dicello, trustee of the Delaware and Hudson Railway Corporation ("D & H"), and a stay in the bankruptcy proceedings of D & H. Conrail seeks to prevent the bankruptcy court from declaring that D & H has the right to operate its trains over a thirty-mile section of Conrail track running north from Buffalo to the Suspension Bridge...

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