Legal Opinion
In re the Morristown & Erie Railroad
Court of Appeals for the Third Circuit
Decided May 10, 1982No. 82-5034PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
In this appeal, we consider the authority of a district court, sitting as a reorganization court, to permit interim operation of a debtor’s rail service by a party that has applied for, but not yet received, final approval from the Interstate Commerce Commission (ICC) to purchase the debtor railroad. We determine that such authority is provided for in the Milwaukee Railroad Restructuring Act of 1979 (MRRA), but not in the general provisions of the Bankruptcy Act. We conclude, however, that because the district court in this case did not approve, on a…
2Cases cited9 opinions
- Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
- Busic v. United StatesSupreme Court of the United States · 1980
- Railway Labor Executives' Assn. v. GibbonsSupreme Court of the United States · 1982
- In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor. Consolidated Appeals of Railway Labor Executives' Association, Intervenor. State of Wisconsin Department of Transportation, State of South Dakota, Port of Pend Oreille, Pend Oreille Valley Railroad Company, Inc., and Seattle and North Coast Railroad Company, InterveningCourt of Appeals for the Seventh Circuit · 1981
- In re Chicago, MilwauKee, St. Paul & Pacific RailroadCourt of Appeals for the Seventh Circuit · 1979
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3Cited by1 opinion
- In the Matter of the Morristown & Erie Railroad Company, Debtor. Appeal of Mandelbaum & Mandelbaum, Proponents of a Plan of Reorganization and a Party in InterestCourt of Appeals for the Third Circuit · 1982