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KHEEL v. PORT OF NEW YORK AUTHORITY

No. 367, Docket 71-1917.

457 F.2d 46 (1972)

Theodore W. KHEEL et al., Plaintiffs-Appellants, v. The PORT OF NEW YORK AUTHORITY et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 24, 1972.

Attorney(s) appearing for the Case

Theodore W. Kheel, New York City (Battle, Fowler, Stokes & Kheel, Raymond F. Gregory, Lewis B. Kaden, Richard Adelman and Robert Kheel, New York City, of counsel), for appellants.

Joseph Lesser, Chief, Opinions & Appeals Div., Port of N. Y. Authority (Sidney Goldstein, Gen. Counsel, Isobel E. Muirhead, Arthur P. Berg and John J. Graubard, Attys., Port of N. Y. Authority, of counsel), for appellees Port of N. Y. Authority, its Commissioners and Executive Director.

Daniel M. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York), for appellee Atty. Gen. of New York.

Before SMITH, HAYS and MULLIGAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellants, a group of residents, citizens, taxpayers of New York City and state, and users of mass transportation facilities in the city, challenge a 1962 New York statute which limits the Port of New York Authority's power to construct or invest in non-self-supporting railroad transportation facilities. N.Y. Unconsol.Laws § 6606 (McKinney Supp. 1971). Appellants claim that this legislation, which in addition to the provisions...

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