NATIONAL R. PASSENGER CORP. v. A. T. & S. F. R. CO.

No. 83-1492.

470 U.S. 451 (1985)

NATIONAL RAILROAD PASSENGER CORPORATION v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO. ET AL.

Supreme Court of United States.

Decided March 18, 1985


Attorney(s) appearing for the Case

Paul F. Mickey, Jr., argued the cause for appellant in No. 83-1492 and appellee in No. 83-1633. With him on the briefs were William R. Perlik, David R. Johnson, and Andrea Timko Sallet.

Samuel A. Alito, Jr., argued the cause for the United States as appellee under this Court's Rule 10.4 in support of appellant in No. 83-1492 and appellee in No. 83-1633. With him on the brief were Solicitor General Lee, Acting Assistant Attorney General Willard, Leonard Schaitman, and Al J. Daniel, Jr.

George A. Platz argued the cause for appellees in No. 83-1492 and appellants in No. 83-1633. With him on the brief were Howard J. Trienens, Thomas W. Merrill, and W. A. Brasher.


JUSTICE MARSHALL delivered the opinion of the Court.

The question presented in these cases is whether Congress violates the Due Process Clause of the Fifth Amendment by requiring private railroads to reimburse the National Railroad Passenger Corporation (Amtrak) for rail travel privileges that Amtrak provides to the railroads' employees and former employees, and their dependents.

I

A

From the middle of the 19th century, the railroad passenger...

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