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MATTER OF DELAWARE & HUDSON RY. CO.

Civ. A. No. 89-279-JJF, Bankruptcy No. 88-342.

120 B.R. 772 (1990)

In the Matter of DELAWARE & HUDSON RAILWAY CO., Debtor. The NEW YORK, SUSQUEHANNA & WESTERN RAILWAY CORP., Plaintiff/Appellee, v. RAILWAY LABOR EXECUTIVES' ASSOCIATION and United Transportation Union, Defendant/Appellant.

United States District Court, D. Delaware.

November 8, 1990.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr. and L. Pat Wynns, of Highsaw Mahoney & Clarke, Washington, D.C., Anne Bookout Horgan, of Lassen Smith Katzenstein & Furlow, Wilmington, Del., for Railway Labor Executives' Ass'n, and United Transportation Union.

Stanley J. Samorajczyk, Thomas C. Junker, and Linda S. Broyhill, of Hazel Thomas Fiske Beckhorn & Hanes, Charles H. White, Jr. and Clifford A. Godiner, of Peper Martin Jensen Maichel & Hetlage, Washington, D.C., Eduard F. von Wettberg, III and Joanne B. Wills, of Morris James Hitchens & Williams, Wilmington, Del., for Francis P. DiCello, trustee, Delaware & Hudson Ry. Co.

William P. Quinn and Eric M. Hocky of Rubin Quinn Moss & Heaney, Philadelphia, Pa., James W. Owen, of Williams Gordon & Martin, Wilmington, Del., for The New York, Susquehanna & Western Ry. Corp.

OPINION

FARNAN, District Judge.

Two separate but factually related cases have been brought by the Railway Labor Executives' Association ("RLEA"). The first case is an action for declaratory judgment and injunction, captioned Railway Labor Executives' Association v. DiCello, Trustee, Civil Action 89-169 (hereinafter "the declaratory judgment action"); the second case is an appeal from a decision of the United States Bankruptcy Court for the District...

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