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HESS v. PORT AUTHORITY TRANS-HUDSON CORPORATION

No. 93-1197.

513 U.S. 30 (1994)

HESS et al. v. PORT AUTHORITY TRANS-HUDSON CORPORATION

United States Supreme Court.

Decided November 14, 1994.

Attorney(s) appearing for the Case

Lawrence A. Katz argued the cause for petitioners. With him on the briefs were Joseph A. Coffey, Jr., and David J. Bederman.

Hugh H. Welsh argued the cause for respondent. With him on the brief were Arthur P. Berg, Donald F. Burke, and Anne M. Tannenbaum.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., filed a concurring opinion, p. 53. O'Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, p. 55.

Justice Ginsburg, delivered the opinion of the Court.

These paired cases arise out of work-related accidents in which a locomotive engineer and a train conductor, employees of a bistate railway authorized by interstate compact, sustained personal injuries. The courts below—the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit— rejected both complaints on the ground that the Eleventh...

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