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METROPOLITAN TRANSP. AUTHORITY v. I.C.C.

No. 85-4141.

792 F.2d 287 (1986)

METROPOLITAN TRANSPORTATION AUTHORITY and Metro-North Commuter Railroad Co., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National Railroad Passenger Corp., Intervenor.

United States Court of Appeals, Second Circuit.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Robert R. Prince, Stamford, Conn. (Robert M. Lustberg, New York City, Walter Zullig, General Counsel, Metro-North Commuter R. Co., New York City, of counsel), for petitioners.

Louis Mackall, I.C.C., Washington, D.C. (Douglas H. Ginsburg, Asst. Atty. Gen., Dept. of Justice, John J. Powers, III, John P. Fonte, Attys.; Robert S. Burk, General Counsel, ICC, Henri F. Rush, Deputy Gen. Counsel, of counsel), for respondent I.C.C.

Stephen C. Rogers, Washington, D.C. (Peter S. Craig, Frederick C. Ohly, Washington, D.C., of counsel), for Intervenor Nat. R.R. Passenger Corp.

Before OAKES, KEARSE, and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

This case concerns questions of the applicability and constitutionality of acts of Congress pertaining to certain rail passenger services as well as questions whether the Interstate Commerce Commission (ICC or Commission), respondent here, has jurisdiction to determine the compensation owed by the National Railroad Passenger Corporation (Amtrak), intervenor here, to the New York Metropolitan Transportation Authority (MTA) and its wholly-owned...

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