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KEELER v. CONSOL. RAIL CORP.

Civ. A. No. 82-3.

582 F.Supp. 1546 (1984)

Robert W. KEELER, et al., Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant, and National Railroad Passenger Corporation and United States of America, Defendant-Intervenors.

Special Court, Regional Rail Reorganization Act.

March 29, 1984.

Attorney(s) appearing for the Case

Nelson G. Grills, Indianapolis, Ind., for plaintiffs Keeler, et al.

Thomas E. Reinert, Jr., Harry A. Rissetto, Morgan Lewis & Bockius, Washington, D.C. (Dennis Alan Arouca, Consol. Rail Corp., Philadelphia, Pa., of counsel), for defendant Consol. Rail Corp.

Christopher Klein, C. Ann Courtney, Nat. Railroad Passenger Corp., Washington, D.C., for defendant-intervenor Nat. Railroad Passenger Corp.

C. Max Vassanelli, Robert S. Lavet, Dennis G. Linder, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendant-intervenor U.S. of America.

Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

MEMORANDUM OPINION

BRYANT, Judge.

Plaintiffs seek a judgment declaring certain provisions of the Northeast Rail Service Act of 1981 (NRSA) unconstitutional, enjoining the defendant Conrail from further "implementing the terms of the [allegedly] unconstitutional portions" of NRSA and awarding damages for losses of income resulting from implementation of the allegedly unconstitutional provisions.

The matter is before the court on the parties' cross...

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