In the Matter of PENN CENTRAL TRANSPORTATION COMPANY.
Southeastern Pennsylvania Transportation Authority ("SEPTA"), Appellant in No. 90-1676.
In the Matter of PENN CENTRAL TRANSPORTATION COMPANY.
Consolidated Rail Corporation, Appellant in No. 90-1677.
In the Matter of PENN CENTRAL TRANSPORTATION COMPANY.
United States of America, Appellant in No. 90-1678.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued May 6, 1991.
Decided September 19, 1991.
Attorney(s) appearing for the Case
Joseph A. Dworetzky, (argued), Drinker, Biddle & Reath, (James F. Kilcur, Gen. Counsel, Southeastern Pennsylvania Transp. Authority, of counsel), Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority, appellant No. 90-1676.
David Richman, Pepper, Hamilton & Scheetz, Ralph G. Wellington (argued), Rodney B. Griffith, and Margaret S. Woodruff, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Consol. Rail Corp., appellant No. 90-1677.
Richard B. Stewart (argued), Asst. Atty. Gen., Michael M. Baylson, U.S. Atty., Catherine Votaw, Asst. U.S. Atty. Philadelphia, Pa., and Vicki Plaut, Joel M. Gross, and Dirk Snel, Attys. U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., (John H. Wheeler, David A. Rabbino, and Jon Averback, E.P.A., of counsel), Environmental Protection Agency for the U.S., appellant No. 90-1678.
Kenneth N. Hart (argued), James J. Capra, Alan B. Howard, Donovan, Leisure, Newton & Irvine, New York City and Robert J. Siverd, and Michael L. Cioffi, Penn Cent. Corp., Philadelphia, Pa., for appellee.
Before MANSMANN, NYGAARD and RONEY, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
MANSMANN, Circuit Judge.
In this appeal arising out of the complicated and protracted Penn Central Transportation Company ("PCTC") bankruptcy proceedings, we are presented with the issue of whether the United States, Southeastern Pennsylvania Transportation Authority ("SEPTA") and Consolidated Rail Corporation ("Conrail") are precluded by the district court's Consummation Order and Final Decree from seeking recovery for hazardous waste...
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