Penn Central Transportation Company, Debtor v. Pirate Canoe Club, Inc.

FEINBERG, Circuit Judge:

In July 1970 Penn Central Transportation Company (the Railroad) brought this diversity action seeking declaratory and injunctive relief against threatened use of a purported easement across the Railroad’s tracks on the east bank of the Hudson River, approximately two and one-half miles south of Poughkeepsie, New York. At that site, the defendant Pirate Canoe Club, Inc. intends to build a clubhouse for its members on waterfront property on the west side of the tracks, and claims the right to an easement across the tracks to its property on the other side. In October…