SUBURBAN TRAILS, INC. v. NEW JERSEY TRANSIT CORP.

No. 85-5734.

800 F.2d 361 (1986)

SUBURBAN TRAILS, INC., and Suburban Transit Corp., Appellants, v. NEW JERSEY TRANSIT CORPORATION, New Jersey Transit Bus Operations, Inc., John P. Sheridan, Jr., Jerome C. Premo, Albert R. Hasbrouck, III, George W. Heinle, Martin Brody, Edward Borrone, David Lehmkuhl, Prentis C. Nolan, III, John L. McGoldrick, Jean Bogle, Richard B. Standiford and Roger A. Bodman.

United States Court of Appeals, Third Circuit.

Decided September 11, 1986.


Attorney(s) appearing for the Case

Robert B. Kaplan, (argued), Wilentz, Goldman & Spitzer, Woodbridge, N.J., for appellants.

Robert H. Stoloff, (argued), Jeffrey Burstein, James J. Ciancia, W. Cary Edwards, Atty. Gen. of New Jersey, Newark, N.J., for appellees.

Charles A. Webb, Arlington, Va., for amicus curiae, American Bus Ass'n.

Before ADAMS, WEIS, and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this case is whether a state regulatory agency may deny subsidies to plaintiffs, privately owned bus companies, because one of them competes with a state owned carrier on an interstate route. The district court determined that state regulation of commuter bus lines was not preempted by federal law and rejected claims of antitrust and due process violations asserted by plaintiffs. We conclude that the...

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