Legal Opinion

Schweitzer v. Consolidated Rail Corp.

District Court, E.D. Pennsylvania

Decided January 10, 1984No. Civ. A. 81-5375, 81-5376, 82-1683 to 82-1685, 82-2467, 82-2999 and 82-4923PublishedCited by 5 opinions

1Opinion of the Court

OPINION

DITTER, District Judge.

On November 23,1971, the Reading Company filed for reorganization under section 77 of the former Bankruptcy Act, 11 U.S.C. § 205. In the ensuing nine years, considerable efforts were made by the court, the debtor’s trustees; and other interested parties in an attempt to develop a plan of reorganization that was equitable to the debtor’s creditors and stockholders. This objective was ultimately reached, and on December 23, 1980, I entered Order No. 2004 which consummated the plan of reorganization. Included within this consummation order was the following…

2Cases cited4 opinions

  1. Van Schaick v. McCarthyCourt of Appeals for the Tenth Circuit · 1941
  2. Duryee v. Erie R.Court of Appeals for the Sixth Circuit · 1949
  3. L. E. Frey, and Cross-Appellant v. Gerald Frankel and Duo-Bed Corporation, a Corporation, and Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1971
  4. Matter of Reading Co.District Court, E.D. Pennsylvania · 1980

3Cited by5 opinions

  1. Schweitzer v. Consolidated Rail Corp.Court of Appeals for the Third Circuit · 1985
  2. F & M Marquette National Bank v. Emmer Bros. (In Re Emmer Bros.)District Court, D. Minnesota · 1985
  3. In Re Penn Central Transportation Co.District Court, E.D. Pennsylvania · 1984
  4. Schweitzer, Josephine v. Consolidated Rail Corporation (Conrail) and the Reading Company. Seibert, Mildred, Individually and as of the Estate of Seibert, Paul D., Deceased v. Consolidated Rail Corporation (Conrail) the Reading Company. Wentzel, George A. v. Consolidated Rail Corporation (Conrail) and the Reading Company. Elaine Schwambach, of the Estate of Woodrow W. Schwambach and Merlin Schwambach, of That Estate v. Consolidated Rail Corporation (Conrail) and the Reading Company. Frank, Marilyn L., as of the Estate of Russell C. Wennell, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Scholl, Martin H., Individually and as of the Estate of Ethel M. Scholl, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Fenstermacher, Earl R., and Scholing, Carl v. Consolidated Rail Corporation, a Corporation, and the Reading Company, a Corporation v. Anchor Packing Company, Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company And/or Panacon Corporation, Certainteed Corporation, Durox Equipment Company, Garlock, Inc., Janos Industrial Insulation Corporation, John Crane- Houdaille, Inc., J.W. Roberts Ltd., Keene Corporation, Nicolet, Inc., Nosroc Corporation, Successor-In-Interest to G. & W.H. Corson, Inc. And Calcite Quarry Corporation, Studebaker-Worthington, Inc., Tannetics, Inc., Turner & Newall Plc, Turner Asbestos Fibers Ltd., Union Rubber, Inc. And Vellumoid Company, Third-Party Eagle Picher Industries, Inc. And Flintkote Company. Appeal of Fenstermacher, Earl R., in No. 84-1203. Appeal of Scholing, Carl, in No. 84-1204. Josephine Schweitzer, Mildred Seibert, Individually and as of the Estate of Paul D. Seibert, Deceased, George A. Wentzel, Elaine Schwambach, of the Estate of Woodrow W. Schwambach, and Merlin Schwambach, of That Estate, Marilyn L. Frank, as of the Estate of Russell C. Wennell, Deceased, Martin H. Scholl, Individually and as of the Estate of Ethel M. Scholl, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Appeal of Consolidated Rail Corporation. (Two Cases) Earl R. Fenstermacher and Carl Scholing v. Consolidated Rail Corporation, a Corporation, and the Reading Company, a Corporation v. Anchor Packing Company, Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company And/or Panacon Corporation, Certainteed Corporation, Durox Equipment Company, Garlock, Inc., Janos Industrial Insulation Corporation, John Crane- Houdaille, Inc., J.W. Roberts Ltd., Keene Corporation, Nicolet, Inc., Nosroc Corporation, Successor-In-Interest to G. & W.H. Corson, Inc. And Calcite Quarry Corporation, Studebaker-Worthington, Inc., Tannetics, Inc., Turner & Newall Plc, Turner Asbestos Fibers Ltd., Union Rubber, Inc. And Vellumoid Company, Third-Party Eagle Picher Industries, Inc. And Flintkote Company. In the Matter of the Central Railroad Company of New Jersey, Debtor, Consolidated Rail Corporation, Intervenor, Andrew Thomas and Trudell Thomas, His Wife, Appeal of Andrew Thomas and Trudell Thomas, in No. 84-5293. Appeal of Consolidated Rail Corporation, Intervenor in No. 84-5310. In the Matter of the Central Railroad Company of New Jersey, Debtor, Consolidated Rail Corporation, Intervenor . Appeal of Joseph Pongrac, Sr., Robert A. Bingle, Alexander Redelico and Evelyn Redelico, H/w, Joseph C. Popadick and Elma Popadick, H/w, Edward Witos and Philomena Witos, H/w, Mark Gammel, Harry Guralchuk, Steve Palichak, Joseph M. Pinto, Frank Pongrac, Jr., John Sowizral, Harry Wilson, George J. Zeblisky, Robert J.F. Brobyn, Richard Middleton and Any and All Persons Acting on Their BehalfCourt of Appeals for the Third Circuit · 1985
  5. Schweitzer v. Consolidated Rail Corp.District Court, E.D. Pennsylvania · 1986

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