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POTOMAC PASSENGERS ASSN. v. CHESAPEAKE & OHIO R.R.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


August 3, 1973

POTOMAC PASSENGERS ASSOCIATION, Plaintiff,
v.
CHESAPEAKE AND OHIO RAILROAD COMPANY and Baltimore and Ohio Railroad Company, Defendants

Corcoran, District Judge. Commissioner Gresham, with whom Commissioner O'Neal joins, dissenting in part.

The opinion of the court was delivered by: CORCORAN

MEMORANDUM AND ORDER

Corcoran, District Judge.

 This action is before the Court on remand from the Court of Appeals, 154 U.S. App. D.C. 214, 475 F.2d 325, to enter a declaratory judgment pursuant to 28 U.S.C. § 2201 (1970), as to whether the operation of certain trains by the defendant Baltimore & Ohio Railroad (B&O) prior to May 1, 1971, and discontinued since that date, constituted "intercity" passenger service within the meaning of Section 401(a)(1) of the Rail Passenger Service Act of 1970 (Amtrak Act), 45 U.S.C. § 501 et seq. (1970), or, to the contrary, whether such service was "commuter" or "short-haul service" within the meaning of Section 102(5) of the Amtrak Act. If the former, i.e., "intercity," the B&O could have legally discontinued such service under the Amtrak Act after complying with the notice provisions of that Act, which the B&O did; but if the latter, i.e., "commuter," the B&O could not have discontinued such service except with the sanction of the Interstate Commerce Commission (I.C.C.) 49 U.S.C. § 13a (1970), and the state regulatory agencies of the states through which the trains passed. The trains in question are: Train Leave Arrive Distance Nos. In Miles 5 Washington, D.C. 4:40 p.m. Chicago, Ill. 9:05 a.m. 770 6 Chicago, Ill. 3:50 p.m. Washington, D.C. 10:00 a.m. 770 8 Akron, Ohio 6:55 a.m. Washington, D.C. 7:00 p.m. 416 11-7 Washington, D.C. 8:05 a.m. Akron, Ohio 6:40 p.m. 416 12 Cumberland, Md. 7:00 p.m. Washington, D.C. 10:40 p.m. 544 17 Washington, D.C. 9:00 p.m. Cumberland, Md. 12:10 a.m. 146 33 Washington, D.C. 2:30 p.m. Cumberland, Md. 5:45 p.m. 146 34 Cumberland, Md. 6:00 a.m. Washington, D.C. 9:12 a.m. 146 35 Washington, D.C. 12:01 p.m. Cumberland, Md. 3:15 p.m. 146

19730803

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