1844 charter; this was done for "the simplification of the corporate structure" of the company.[44] Then, on April 6, 1970, the P&W formally asked the ICC to allow their company to exit the New Haven merger and become independent; the previously commissioned report was updated and found profitable operations feasible.[48] While it didn't want the P&W, Penn Central was unwilling to allow this to happen either, as it wanted both to continue serving large customers in East Providence and Worcester and access to the P&W's real estate holdings in Providence, leading to a series of court battles.[44][42][49] Penn Central itself went bankrupt in June 1970 and ended its lease payments.[50] In response to P&W's appeal, the ICC took up the matter in January 1971. P&W could point to the support of potential P&W customers along with politicians and railroad regulatory agencies in Massachusetts and Rhode Island, and the hearings concluded on June 11, 1971, with the presiding ICC examiner approving P&W's request for independence.[51] P&W also worked out an agreement with the relevant railroad worker unions, guaranteeing a high salary, a profit-sharing agreement, and representation on the P&W's board. In exchange, P&W would implement a maximum crew size of three people and abolish the distinctions between engineer, conductor, and other train crew roles, allowing any employee to fill any position as needed.[52] While the ICC and unions had given the P&W's independence their blessing, Penn Central was unmoved and exhausted its appeals until December 20, 1972, when a federal judge assigned to Penn Central's own bankruptcy court ordered the company to allow the Providence and Worcester to end its lease and assume control of its lines.[53][49] On February 3, 1973, the Providence and Worcester Railroad became an independent railroad again after 85 years
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