DFF Item #19

19. Dear Mr. Railroad President: 

The Depew Lancaster & Western RR Co. Inc. has no record of granting access rights to The Lackawanna Terminal Railway for the purposes of interchange with NS, CSX, and R&S at Buffalo. Please provide the LT's STB filing papers. 

(Name withheld by request) 
Depew Lancaster & Western RR Co. Inc. 

Mr. (Name withheld by request) 
Depew, Lancaster & Western RR Co, Inc. 
8364 Lewiston Road 
Batavia, New York 14020 

Dear Mr. (Name withheld by request): 

The Office of Legal Affairs of the Lackawanna Terminal Railway is concerned that the management of the Depew, Lancaster and Western Railroad Company, Incorporated seems to have misplaced the documents concerning the ownership and aforementioned access rights on property rightfully owned by the Lackawanna Terminal Railway. As a result of this concern, the Office of Legal Affairs of the Lackawanna Terminal Railway has started an audit of all records concerning access to this property. The net result of that search confirms and justifies our claim that the Lackawanna Terminal Railway is the rightful owner of all lines previously owned by the Delaware Lackawanna and Western Railroad that were merged into the Erie Lackawanna Railroad in 1960 and eventually destined to be transferred to the newly formed Consolidated Rail Corporation in 1976 and that, due to clauses uncovered during a records search of properties being transferred to The Consolidated Rail Corporation in 1976, led to the separation of the original Lackawanna Terminal Railway properties which had been leased to the Delaware, Lackawanna and Western Railroad by the Morris and Essex Railroad, the original founders and developers of the Lackawanna Terminal Railway properties. 

The present Lackawanna Terminal Railway, the natural and legal successor to the original Lackawanna Terminal Railway, founded in 1875, was formed in 1976 and by 1977 had acquired, from the Consolidated Rail Corporation, all properties previously owned by the Erie Lackawanna Railroad Corporation, which had been a part of the original Delaware, Lackawanna and Western Railroad. The process of separation of properties, purchase of additional railroad assets, and approval of the formation of the completed Lackawanna Terminal Railway system by the Interstate Commerce Commission was concluded in such a rapid manner as to become a major topic of discussion among government officials and railroad managers throughout the United States and Canada. The ability of the Lackawanna Terminal Management Team to push the myriad of petitions through what is normally the glacial pace of government procedures has set a new standard for the processing of paperwork through agencies of the Federal government and has been the topic of three graduate courses at the Wharton School of Business, the Harvard School of Law, and a special six week advanced course taught to FBI agents at the Federal Bureau of Investigation's Advanced Investigative Methods School at Quantico, Virginia titled "Unsolved Crimes against the Federal Government", subtitled, "When Special Interest Becomes Terrorism". The Lackawanna Terminal Railway Management Team is justifiably proud of the past  accomplishments of it's members in the formation of this vital and progressive transportation company and will continue to support their good work in the future. 

The Lackawanna Terminal Railway's Office of Legal Affairs had intended to forward to you copies of all the Interstate Commerce Commission files relating to the matter erroneously referred to in your letter as "STB filings" and in reference to the Lackawanna Terminal Railway's access to what you consider to be property owned by the Depew, Lancaster & Western Railroad. Unfortunately, after our research was completed, all files and other records relating to the Interstate Commerce Commission's findings vis a vis the Lackawanna Terminal Railway's petition and results were destroyed when vandals invaded the Lackawanna Terminal Railway's Department of Denial and Archive Destruction offices in Downtown Scranton starting a fire which raged through the file drawer containing the documents in question. When the Lackawanna Terminal Railway's Department of Denial and Archive Destruction petitioned the Federal Government's Office of Archive and Document Retrieval for copies of the appropriate filings and results it was discovered that the related documents on file in that office had also been destroyed in a totally unrelated, yet surprisingly similar, file drawer fire. As a consequence, we will be unable to forward these documents to you for your perusal.

During our research of the question posed in your correspondence of February 20, 1999, while we have found reference to the Depew, Lancaster & Western Railroad in the office copy of "The Pocket List of Railroad Officials", we were unable to find your railroad's property noted on any official maps incorporating railroads in the Buffalo area leading the Office of Legal Affairs to conclude that your railroad, the Depew, Lancaster & Western, may, in fact, be operating on the property of the Lackawanna Terminal Railroad without benefit of trackage rights or other contracts of access and may have, in fact, been doing so since the inception of your railroad and that for all these years your crews, with the concurrence of the Depew, Lancaster & Western management, have been trespassing on property rightfully owned and operated by another railroad without that railroad's permission or knowledge. Such an illegal and extremely dangerous practice must be discontinued immediately. Legal action to procure a cease and desist order is now being drawn up by the Lackawanna Terminal Railway's Department of Legal Affairs with the assistance of the law firm of Dooey, Suem, and Howe and will be delivered to your offices in Batavia, New York by special courier sometime in the first week of May. 

Further research into the holdings of the Genesee Valley Transportation Corporation have found another railroad which is also operating without trackage rights or other contracts of access. This railroad, the Delaware-Lackawanna, has been operating freight and passenger trains over the rails of the Lackawanna Terminal Railway without permission or even the knowledge of the Lackawanna Terminal's Dispatch office. The danger inherent in such practices cannot be over stated and orders of cessation are being drawn up by our Office of Legal Affairs in conjunction with the law firm of Dooey, Suem, and Howe and will be processed through the Federal court system in Harrisburg, Pennsylvania and served to the railroad at it's headquarters at 701 Wyoming Avenue, Scranton, Pennsylvania. 

The Lackawanna Terminal Railway's Office of Legal Affairs thanks you for your interest in the Lackawanna  Terminal Railway and we hope we have answered all you questions concerning the Lackawanna Terminal Railway's operations in the Buffalo Gateway area. If we can be of further assistance please do not hesitate to contact the Office of Legal Affairs, in writing and by special courier, between the hours of 9:00 am and 9:15 am, on any third Monday of any month. 

The Office of Legal Affairs 
Lackawanna Terminal Railway 

Mr. Steven Kay 
Lackawanna Terminal Railway 
1 Lackawanna Plaza 
Scranton, Pennsylvania 18503 

Dear Mr. Kay: 

It has become painfully obvious that this dispute with the Depew, Lancaster and Western Railroad is now "out-of-hand" and that the Lackawanna Terminal Railway is in need of a high technology consulting firm to: 

#1. Determine the extent of Depew, Lancaster & Western Railroad's usage of  trackage rights over the last decade; 

#2. After determining the extent of usage, chart and summarize the revenue  that would have been derived, had the Lackawanna Terminal Railway known of the intrusion of the Depew, Lancaster & Western's trains; 

#3. Report that calculation of usage to the Lackawanna Terminal Railway's Main Office Billing Department for use in constructing invoices to the Depew, Lancaster & Western Railroad for use of routes and trackage rights during the period in question (estimates in our initial phase of review indicates dollar values in the 7 digits); and 

#4.  After hearing of this dispute, this consulting firm took it upon itself over the last two days, to send a representative to Batavia, NY and Lowville, NY where rumor has it, that equipment belonging to the Depew, Lancaster and Western has been in residence.  We have documented the equipment found and have taken pictures of this equipment and will turn these over to the Lackawanna Terminal Railway's crack Management Team (when our bill is paid) to enhance the efforts to confiscate them at a later date. 

We appreciate the business (even, unsolicited business) from the Lackawanna Terminal Railway and hope the relationship will prosper over into the coming millennium.  Our bill is in the mail. 

Very truly yours, 

Jay Jordan 
S&M Consulting (formerly Smoke and Mirrors Consulting), LLC. 
(railroad consultants of choice) 

PS: As a side note, we have found in our files, from previous work done for the Lackawanna Terminal Railway, copies of the missing (burned) documents that our consultants made during our last visit to your Main Office.  These copies will mysteriously disappear on receipt of your check for our latest efforts.  Thank you again for your continued business. 

Dear Mr. Jordan: 

Enclosed please find a check to cover the cost of services of your fine consulting agency. As in the past, the management and employees of S&M Consulting, LLC. have outdone themselves in the interest of their clients. 

Thank you ever so much, 

Steve Kay 
Lackawanna Terminal Railway 

PS: Your personal bonus check has been mailed and will arrive under separate cover.

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