CONSOL. RAIL CORP. v. METRO-NORTH COMMUTER R. CO.

Civ. A. No. 83-14.

598 F.Supp. 1571 (1984)

CONSOLIDATED RAIL CORPORATION, National Railroad Passenger Corporation, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Metropolitan Transportation Authority, and Connecticut Department of Transportation, Defendants, v. UNITED STATES of America, Counterclaim Defendant.

Special Court, Regional Rail Reorganization Act.

November 23, 1984.


Attorney(s) appearing for the Case

Ralph G. Wellington, Margaret S. Woodruff, Philadelphia, Pa. (Jerome J. Shestack, Schnader, Harrison, Segal & Lewis, Bruce B. Wilson, Donald A. Brinkworth, Philadelphia, Pa., of counsel), for plaintiff, Consolidated Rail Corp.

Stephen C. Rogers, Peter S. Craig, Paul F. Mickey, Jr., David J. Carol, Washington, D.C., for plaintiff, National Railroad Passenger Corp.

Robert M. Lustberg, Walter E. Zullig, Jr., Steven Polan, General Counsel, Metropolitan Transportation Authority, New York City, for defendants, Metropolitan Transp. Authority and Metro-North Commuter Railroad Co.

Robert R. Prince, Mark S. Shipman, Schatz & Schatz, Ribicoff & Kotkin, Stamford, Conn., for defendant, Connecticut Dept. of Transp.

Richard K. Willard, Acting Asst. Atty. Gen., Michael F. Hertz, Alan E. Kleinburd, Attys., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for counterclaim defendant, United States of America.

Robert S. Burk, Acting General Counsel, Kathleen V. Gunning, Washington, D.C., for intervenor, Interstate Commerce Commission.

Before FRIENDLY, Presiding Judge, and WISDOM and THOMSEN, Judges.


FRIENDLY, Presiding Judge:

The plaintiffs in this action are Consolidated Rail Corporation (Conrail) and National Railroad Passenger Corporation (Amtrak). The defendants are Metro-North Commuter Railroad Company (Metro-North), Metropolitan Transportation Authority (MTA), and Connecticut Department of Transportation (CDOT). Metro-North and MTA are public benefit corporations of the State of New York; CDOT is an agency...

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