The STATE OF KANSAS, ex rel., Robert T. STEPHAN, Attorney General and
The Metropolitan Government of Nashville and Davidson County, Tennessee and
The State of Minnesota, by its Attorney General Warren Spannaus, Plaintiffs-Appellants,
v.
Brock ADAMS, as Secretary of the Department of Transportation; John M. Sullivan, as Administrator of the Federal Railroad Administration; and the National Railroad Passenger Corporation, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued October 26, 1979.
Decided November 9, 1979.
Attorney(s) appearing for the Case
Tom L. Green, Asst. Atty. Gen., Topeka, Kan. (Robert T. Stephan, Atty. Gen. and Bruce E. Miller, Deputy Atty. Gen., Topeka, Kan., with him on brief), for plaintiff-appellant State of Kansas.
Frederick S. Suhler, Jr., Sp. Asst. Atty. Gen., St. Paul, Minn. (Warren R. Spannaus, Atty. Gen., St. Paul, Minn., on brief), for plaintiff-appellant State of Minnesota.
John L. Kennedy, Brentwood, Tenn., for The Metropolitan Government of Nashville and Davidson County, Tennessee, the intervening plaintiffs-appellants.
Brigid Hynes-Cherin, Atty., U. S. Dept. of Transportation, Washington, D. C. (John H. Broadley, Atty., U. S. Dept. of Justice, Paul F. Mickey, Jr., Gen. Counsel, and Anthony L. Mondello, Deputy Gen. Counsel, National Railroad Passenger Corp., Washington, D. C., on brief), for defendants-appellees.
Jim Smith, Atty. Gen. and Thomas A. Beenck, Asst. Atty. Gen., Tallahassee, Fla., on brief, for the State of Florida, as amicus curiae.
James L. Highshaw and Joseph Guerrieri, Washington, D. C., on brief, for the Railway Labor Executives Association, and John Melcher and Pat Williams, in their individual capacities and on behalf of the class of past, present and future users of rail passenger service in the State of Montana, as amici curiae.
Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLLOWAY, Circuit Judge.
This suit for injunctive and declaratory relief seeks to prevent the termination of passenger rail service by the National Railroad Passenger Corporation on the Lone Star, Floridian and North Coast Hiawatha trains. The principal claims of the plaintiffs-appellants are that the actions of the defendants-appellees, and in particular of the Secretary of Transportation, in preparing a report and plan...
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