County of Lackawanna v. Patton

STRANAHAN, Judge:

This matter is an appeal from an order of the Court of Common Pleas of Lackawanna County dismissing the appellant’s complaint for lack of subject matter jurisdiction. We affirm the lower court’s ruling.

To properly evaluate this appeal, the following facts must be considered.

On June 26, 1972, the Erie Lackawanna Railway Company (hereinafter Erie Lackawanna), filed a petition in The United States District Court for The Northern District of Ohio, Eastern Division (hereinafter Reorganization Court), for reorganization under section 77 of The Bankruptcy Act.1 On the same day, the…