IN RE: Litigation Under the Regional Rail Reorganization Act of 1973

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LC BEFORE THE JUDICIAL PANEL BISA B
MULTIDISTRICT LITIGATION tu HEE
HAR 25 1974
ERR TRIER RE, J RSLONL SAIL) pc ofA RR BARD
- OPINION AND ORDER
BEFORE ALFRED P. MURRAH*, CHAIRMAN, AND JOHN MINOR WISDOM,
EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER,
JOSEPH S. LORD, III, AND STANLEY A, WEIGEL, JUDGES OF THE PANEL
PER CURIAM
The United States Railway Association has petitioned
the Panel to transfer to the Special Court, established pursuant
to Section 209(b) of Public Law No. 93-236 (Regional Rail Reor-
ganization Act of 1973) and constituted in the District of the
District of Columbia certain actions. commenced against
the Association and others challenging the constitutionality
of the Act or parts thereof. The Panel has carefully considered
the respective contentions of the parties and finds that trans-
fer of these actions under Section 209(b) of the Act to the
Special Court must be denied. And the Panel also finds that
the criteria for transfer of these actions to the Special Court
under 28 U.S.C. §1407 are not satisfied.
IT IS THEREFORE ORDERED that transfer of the actions
listed on Schedule A to the Special Court, either under Section
209 (b) of Public Law No. 93-236 or 28 U.S.C. §1407 be, and the
same hereby is, DENIED.
~ * Judge Murrah took no part in the consideration or decision
of this matter because of his inability to attend the
. 1/ ear oa nion and Order of the Panel, filed March 1, 1974.

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SCHEDULE A " DOCKET NO. 166
EASTERN DISTRICT OF PENNSYLVANIA
Connecticut General Life Insurance
Corp., et al. v. United States Railway Civil Action
Association, et al. No. 74-189
Manufacturers Hanover Trust Company V. Civil Action
United States Railway Association, et al. No. 74-332
DISTRICT OF THE DISTRICT OF COLUMBIA
Richard Joyce Smith v. United States Civil Action
of America, et al. No. 74-180
Penn Central Company v. Claude Civil Action
S. Brinegar, et al. No. 74-195