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NATIONAL R. PASSENGER CORP. v. P. & W.R. CO.

No. 86-1055.

798 F.2d 8 (1986)

NATIONAL RAILROAD PASSENGER CORPORATION d/b/a Amtrak, Plaintiff, Appellant, v. PROVIDENCE AND WORCESTER RAILROAD COMPANY and Capital Properties, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 11, 1986.

Attorney(s) appearing for the Case

Richard M. Peirce, with whom Bruce G. Tucker, Robert P. Landau and Roberts, Carroll, Feldstein & Tucker, Inc., Providence, R.I., were on brief, for plaintiff, appellant.

Michael P. DeFanti, with whom Gerald J. Petros and Hinckley, Allen, Tobin & Silverstein, Providence, R.I., were on brief, for defendants, appellees.

Before COFFIN, Circuit Judge, BROWN, Senior Circuit Judge, and BOWNES, Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge:

In this appeal involving railroad lines, we are asked to decide whether the District Court properly stayed the plaintiff's action for declaratory relief pending the outcome of a Rhode Island state condemnation proceeding. The District Court shunted the plaintiff's case to a side track on the grounds that the issues raised by the plaintiff's complaint were the same as those before the state court. We agree and affirm.

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