I have just learned that the Lackawanna Chapter of the R&LHS has decided to appeal the recent ruling on the 952. They intend to file their appeal before the court imposed Oct.29 deadline.
Those financing the legal fight concluded that there is a reasonable chance that the Appeals Court will reverse the judges decision and that it's worth persuing.
To me it's a waste of money but that's only my opinion. One thing we know for sure-the lawyers are smiling!
Ross Rowland

Will this ever end? If the money spent on lawyers had been spent on the only other Lackawanna steamer left, which is already in Scranton, it could be a gem of cosmetic restoration. Oh, I forgot. They don't care about that one, but just have to have the other one. Will it ever end?

can someone give some info to the uninformed?
Thanks

Well, if I remember correcly, the District Court granted summary judgment, which means:

1. There are no issues of material face (in other words, no real factual dispute that a judge or jury would need to he)
2. Summary judgment is mandated as a matter of law (why go to court if there's no reason to hear the case)

The 8th Circuit Court of Appeals will hear he case, and Federal courts will review the original granting of summary judgment by viewing all of the evidence in the light most favorable to the non-moving (loosing) party. The fact that no written agreement was made or survives, and the chapter is not the original owner of the locomotive, and that the locomotive has stayed in St. Louis for many years now, combined with the fact that it was many many years before anyone other than MOT tried to assert ownership, it looks like MOT will win again.

I'll have to look it up, but I imagine Senior District Judge Stephen Limbaugh (the judge who granted summary judgment) has a low reversal rate.

As for smiling lawyers, the Saint Louis County Counselor's Office is repersenting the museum. While it isn't costing any more as would hiring an attorney, it's spending tax dollars that could be directed to othe projects in the County and at MOT.

My guess, in about 12-18 months the appeal will be heard, R&LHS will loose again. Theay may try to appeal to the Supreme Court, which will deny review. In the meantime, lots of money has been spent for nothing, and a Lackawanna loco at Steamtown and a station at Water Gap continue to need serious, well-funded preservation efforts.

It would be interesting to know who the driving forces are within the Lackawanna Chapter of the R&LHS to continue this lawsuit. I have met the "local" members doing volunteer work at the Water Gap station and they will not really talk about the "outsiders", other than to wish they would use their knowledge and contacts to help with station restoration.

I would assume the people behind the lawsuit are the same people behind the Jim Thorpe track ownership issue last year. Did that ever get resolved? Were the same lawyers involved as well.

The Lackawanna Chapter is listed as generating under $25,000 in revenue in each year of its existence so there is no IRS Form 990 to inspect. One wonders how the donation of legal fees, the grants to stabilize the station and the value of the track in Jim Thorpe (didn't they claim it was worth $250,000?) were accounted for so as not to trigger a tax return.

Does the national R&LHS have any control over its chapters? Certainly this whole mess gives a black eye to the entire organization.

Sadly this is the second time this loco has caused trouble in a chapter of the R&LHS. Before the 1939-40 New York World's Fair one group of fans from a chapter arranged to work on the restoration of this loco for exhibition at the fair. While they were doing the work, getting real dirty and tired, some others from the chapter who never helped with the work asked the railroad to donate the loco to the chapter, which it did. The first bunch knew they had no place to put the loco and no funds for its care. As a result the chapter broke up into these two factions, and the loco was the issue. The chapter dissolved over this and the national orginization was stuck with the loco. They finally found a friendly short line that allowed it to be stored on a siding where it sat and rusted through WW II, somehow avoiding the scrap drives. Then the DL&W noticed it and a VP got it borrowed back for use at civic celebrations. It was "backdated" in the usual railroad public relations fashion, with a wood cab replacing the steel one, a long sloping pilot, bell moved to where its sandbox had been and even a diamond stack! But the railroad eventually no longer needed it and wanted it gone. MOT was the only place that would take it and "Permanent loan" was the only thing that could be arranged. MOT's many plans for shelter never came to pass due to lack of fund raising skills and year passed until we are at the present situation.

I remember seein pics of the cosmetic restoration at MOT. They did a marvelous job. New steel cab, new jacket etc.

Is there any posibility that the engine could someday be made operable again? It would certainly be an oddity and a possible tourist draw.

Before anyone says any thing about where to run it, I am aware of the current situation at MOT and the recently retired fully functional engine they do have.

My next question is "IS the engine and boiler completely worn out?

Thnaks for entertaning my query

JD Johnson, Morehead and North Fork Railroad Historian

I think there would be some value in the kind of operation that Colorado RR Museum does with 346. No "ride", just a demonstration where they have a few hundred feet of track to move back and forth and blow the whistle.

When you think about it, there is not much education inside a closed window coach. Most of the experience and wonder comes from standing at the platform and watching the engine go by at close quarters. You could accomplish most of the education experience with the engine making multiple trips past spectators on a short track. A small engine like 952 would be ideal for this, with occassional special events off of the property. Plus, the wear and tear for this kind of demonstration would be minimal, saving historic fabric.

This particular locomotive is priceless beyond words, and I would be one to reserve her "running" to compressed air on a short length of track for observation only. I did see her during restoration, and she's gorgeous.

I know you guys are probably getting tired of hearing it, but IF MOT might wish to have something steaming on their site someday, given it is pretty much just a yard with a lead to a railroad they don't have rights to operate over, a small yardgoat would be the most reasonable choice. I'd recommend a 0-6-0T - big enough to shift stuff, small enough to not cost a lot, and made to do what can be done on site.

I wonder of there would be any interest in having the Gramlings 0-4-0 visit to plumb the market?

dave

There is an ex-Union Electric 0-4-0T at MOT that was disassembled several years ago at the request of a former MOT director with the intent to return to operation.
This would be an ideal engine to restore as it would give a lot of bang for the buck there. Very small drivers and hardly no wheelbase, it would put on a good show and go anywhere in the MOT.

It would appear that the folks financing this dispute are determined to continue the legal battle until they exhaust the appeals process or are "victorious" at some level.
As I've said earlier it seems to me that if they "win" and the Courts direct St.Louis to return the 952 to the Chapter what on earth will they do with it??? Add another display engine to the derelicts now decorating the entrance to Scranton??? Oh well, guess they're determined to continue raising a couple lawyers standards of living???
Ross Rowland

This is a constant question from some MOT visitors, with any locomotive you care about as the subject. To be totally realistic, and realizing that the musuem has 33 steam locos, the most in North America, the funds needed to return all but the smallest to operational would be better used to provide shelter for more of the collection. Given the choice that is what is needed. The track layout is very limited in free space for any loco to operate, and the fact that electric streetcars now use some of it limits things even more. DL&W #952 is a main line loco with a fairly long wheelbase, and it doesn't like the tight curves on some of the trackage. It derailed so many times being removed from its long time location before restoration that we finally gave up and laid steel strips on the ties so it could be pulled past the tight spot before re-railing it. The 0-4-0T mentioned or a geared loco, which MOT doesn't have, would be much better for an operational exhibit here than any large loco, even one the size of #952.