Town of Norwood v. United States (318 F. Supp. 1391, 1970)

OPINION

CAFFREY, District Judge.

This matter came before the court on the basis of a motion for summary judgment filed by plaintiff Town of Nor-wood, a cross-motion for summary judgment filed by defendant Penn Central Company, and a brief filed jointly by defendants United States and Interstate Commerce Commission, which brief was in the nature of an additional cross-motion for summary judgment.

In its motion, plaintiff alleged that the undisputed facts, as established by the administrative record, show (1) that the Interstate Commerce Commission relied upon extra-record evidence to support its decision filed July 31, 1969 denying plaintiff's petition for a declaratory order, and (2) that no legal discontinuance of railroad service occurred during the one-year period provided by the Commission’s order of November 3, 1965.

The principal allegation in the motion of Penn Central for summary judgment was that the administrative record before the Interstate Commerce Commission, viewed as a whole, supports the Commission’s finding that -