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ATCHISON, TOPEKA v. NAT. R.R. PASSENGER CORP.

No. 82-3057.

723 F.2d 1298 (1983)

ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY, Burlington Northern Inc., Chesapeake and Ohio Railway Company, Baltimore and Ohio Railroad Company, and Union Pacific Railroad Company, Plaintiffs-Appellants, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant-Appellee, and The United States of America, Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1983.

Attorney(s) appearing for the Case

George A. Platz, Sidley & Austin, Chicago, Ill., for plaintiffs-appellants.

Paul F. Mickey, Jr., Washington, D.C., for defendant-appellee.

Thomas H. Peebles, Civil Div., Dept. of Justice, Washington, D.C., for intervenor-appellee.

Before PELL and COFFEY, Circuit Judges, and NEAHER, Senior District Judge.

NEAHER, Senior District Judge.

Plaintiffs, Atchison, Topeka, and Santa Fe Railway Company, Burlington Northern Inc., Chesapeake & Ohio Railway Company, Baltimore and Ohio Railroad Company, and the Union Pacific Railroad Company (railroads), appeal the District Court's entry of summary judgment in favor of defendant National Railroad Passenger Corporation (Amtrak). Because the suit challenged the constitutionality of a statute, the United States intervened below...

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