MATTER OF READING CO.

Nos. 95-1987, 95-1988.

115 F.3d 1111 (1997)

In the MATTER OF READING COMPANY, Debtor. United States of America, Appellant in 95-1987. In the Matter of READING COMPANY, Debtor. Consolidated Rail Corporation, Appellant in 95-1988.

United States Court of Appeals, Third Circuit.

Decided June 13, 1997.


Attorney(s) appearing for the Case

Robert P. Frank (Argued), Andrew J. Soven, Reed, Smith, Shaw & McClay, Philadelphia, PA, John W. Morris, Philadelphia, PA, for Appellee In Re: Reading Co.

Lois J. Schiffer, Assistant Attorney General, Alan Tenenbaum, Alan D. Greenberg, Martin W. Matzen, John A. Bryson, (Argued), United States Department of Justice, Washington, DC, Earl Salo, John Wheeler, U.S. Environmental Protection Agency, Washington, DC, for Appellant United States of America in 95-1987.

Philip J. Katauskas (Argued), Michael H. Reed, Edmund B. Spaeth, Jr., Anne M. Package, Pepper, Hamilton, Scheetz, Philadelphia, PA, for Appellee in 95-1987 and Appellant in 95-1988 Consolidated Rail Corporation ("Conrail").

Before: SLOVITER, Chief Judge, COWEN and ROTH, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

After a decade-long reorganization, the Reading Railroad emerged from bankruptcy on January 1, 1981. On that day, the newly-established Reading Company1 was given a fresh start by a consummation order which granted Reading protection from all pre-consummation debts and liabilities. Now, sixteen years later, the Consolidated Rail Corporation (Conrail) asks that we circumvent the protection...

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