COUNCIL, ETC. v. METROPOLITAN TRANSP. AUTH.

No. 80 Civ. 6815(MP).

524 F.Supp. 90 (1981)

COUNCIL OF COMMUTER ORGANIZATIONS, et al., Plaintiffs, v. METROPOLITAN TRANSPORTATION AUTHORITY, et al., Defendants.

United States District Court, S. D. New York.

October 13, 1981.


Attorney(s) appearing for the Case

William Hoppen, New York City, for plaintiffs.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., Gaines Gwathmey, III, Asst. U. S. Atty., New York City, for federal defendants.

Cravath, Swaine & Moore, New York City, for Metropolitan Transp. Authority and related defendants; David Boies, Francis P. Barron and Kevan R. Cleary, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, John G. Proudfit, Asst. Atty. Gen., New York City, for Hugh L. Carey, William C. Hennessy and Robert F. Flacke.

Allen G. Schwartz, Corp. Counsel of the City of New York by John C. Brennan, Asst. Asst. Corp. Counsel, New York City, for Mayor Koch.


OPINION

MILTON POLLACK, District Judge.

Defendants Environmental Protection Agency (EPA) and other federal agencies move for judgment on the pleadings under Fed.R.Civ.P. 12(c). The Metropolitan Transportation Authority, Governor Carey and other State defendants, and Mayor Koch, move to dismiss under Fed.R.Civ.P. 12(b)(1) for lack of jurisdiction, Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted and move also to dismiss...

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