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In re Central Railroad Co.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 7, 1973

IN THE MATTER OF THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, DEBTOR

(D.C. No. B 401-67 Bankruptcy) Appeal of State of New Jersey. Appeal of Commonwealth of Pennsylvania and Pennsylvania Public Utility Commission. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Before MARIS and ALDISERT, Circuit Judges, and GORBEY, District Judge

Opinion OF THE COURT

Per Curiam:

These appeals seek the reversal of the order entered by the district court in this railroad reorganization proceeding authorizing the debtor railroad to abandon all passenger service. The error asserted is that the railroad should first have applied to the appropriate state regulatory agency or to the Interstate Commerce Commission for permission to abandon the service in question. We have carefully considered this contention as presented by the appellants in their briefs and oral argument but find it unpersuasive in the light of the facts of the case. See In the Matter of the Central Railroad Company of New Jersey, Debtor, 3 Cir. 1972, 455 F.2d 989.

The order (No. 547) of the district court will be affirmed.

19730307

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