DELAWARE RIVER PORT AUTHORITY v. TIEMANN

No. 75-2328.

531 F.2d 699 (1976)

DELAWARE RIVER PORT AUTHORITY, Appellant, v. Norbert T. TIEMANN, as Administrator, Federal Highway Administration and William T. Coleman, Jr., as Secretary, United States Department of Transportation and City of Philadelphia, Defendant-Intervenor.

United States Court of Appeals, Third Circuit.

Decided March 10, 1976.


Attorney(s) appearing for the Case

Roland Morris, Sp. Pennsylvania Counsel to the Delaware River Port Authority, Duane, Morris, & Heckscher, Philadelphia, Pa., Alexander Feinberg, New Jersey Counsel, Cherry Hill, N. J., Victor Wright, Pennsylvania Counsel, Philadelphia, Pa., John E. Yeomans, Resident Counsel, Camden, N. J., for appellant.

Sheldon L. Albert, City Sol., Stephen Arinson, Chief Deputy City Sol., Raymond Kitty, Deputy in charge of Litigation, Herbert Smolen, Deputy City Sol., Louis F. Hinmann, III, Asst. City Sol., Philadelphia, Pa., for intervenor-appellee, City of Philadelphia.

Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Raymond N. Zagone, Kathryn A. Oberly, Attys., Dept. of Justice, Washington, D.C.; Dowell H. Anders, Deputy Chief Counsel, Federal Highway Administration, U.S. Dept. of Transp., Washington, D.C., of counsel.

Before SEITZ, Chief Judge, and VAN DUSEN and WEIS, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal by plaintiff, the Delaware River Port Authority ("Authority"), from an order of the district court granting defendants' motion for summary judgment and sustaining an order of the Federal Highway Administrator ("Administrator") reducing the tolls which plaintiff charges on its bridges.

The Authority, created pursuant to an interstate compact between Pennsylvania and New Jersey, operates toll...

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