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RIDGEFIELD BOROUGH v. NEW YORK SUSQUEHANNA & W.R.

Civ. A. No. 85-4190.

632 F.Supp. 582 (1986)

BOROUGH OF RIDGEFIELD and the Village of Ridgefield Park, both municipal corporations of the State of New Jersey, Plaintiffs, v. NEW YORK SUSQUEHANNA & WESTERN RAILROAD and Unnamed Trucking Companies, Defendants.

United States District Court, D. New Jersey.

Amended Order May 5, 1986.

Attorney(s) appearing for the Case

Contant, Contant, Schuber, Scherby & Atkins, Hackensack, N.J. by Michael L. Scherby, for plaintiff Borough of Ridgefield.

Durkin & Boggia, Ridgefield Park, N.J. by Martin T. Durkin, for plaintiff Village of Ridgefield Park.

Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J. by Michael F. Quinn, for defendant N.Y. Susquehanna & Western R.R.

Joseph F. Lisa, Woodbury, N.J., for defendant Allied Energy Corp.

OPINION

STERN, District Judge.

Plaintiffs, two municipalities of the State of New Jersey, allege that defendants' handling of liquid butane is unsafe and violates regulations promulgated under the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq. (1976 & 1985 suppl.). Because this Court finds that the Act does not create a private right of action, the suit must be dismissed. Plaintiffs' pendant state statutory and common...

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