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COHEN v. MASSACHUSETTS BAY TRANSP. AUTHORITY

No. 81-1211.

647 F.2d 209 (1981)

David B. COHEN et al., Plaintiffs, Appellants, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 21, 1981.

Attorney(s) appearing for the Case

Peter Koff, Boston, Mass., for plaintiffs, appellants.

Joseph H. Elcock, Gen. Counsel, Boston, Mass., with whom Ronald G. Busconi, Asst. Gen. Counsel, Boston, Mass., was on brief, for defendant, appellee Massachusetts Bay Transportation Authority.

Richard J. Bacigalupo, Atty., U. S. Dept. of Transportation, Washington, D. C., with whom Trudy B. Levy, Acting Asst. Chief Counsel, U. S. Dept. of Transportation, Washington, D. C., Edward F. Harrington, U. S. Atty., and Donald R. Anderson, Asst. U. S. Atty., Boston, Mass., were on brief, for Federal defendants, appellees.

Before ALDRICH, BOWNES and BREYER, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This is a representative action brought by four members of the general public, riders of the "T", the rapid transit, bus, and general transit system serving metropolitan Boston operated by the principal defendant, Massachusetts Bay Transportation Authority (MBTA), a political subdivision of the Commonwealth.1 Other defendants are the MBTA's Chairman, the Secretary of the United States Department of Transportation...

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