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NEW YORK CITY TRANSIT AUTHORITY v. U.S.

No. 462, Docket 87-4109.

834 F.2d 302 (1987)

NEW YORK CITY TRANSIT AUTHORITY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided December 4, 1987.

Attorney(s) appearing for the Case

Kenneth Howard Schiffrin, Asst. Gen. Counsel, Brooklyn, N.Y. (Albert C. Cosenza, of counsel), for petitioner.

Dennis J. Starks, I.C.C., Washington, D.C. (Robert S. Burk, Gen. Counsel, Craig M. Keats, Deputy Associate Gen. Counsel, of counsel), for respondents.

Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.

OAKES, Circuit Judge:

This case involves the relationship between the licensing and commercial zone provisions of the Motor Carrier Act of 1935, Pub.L. No. 74-255, 49 Stat. 543 (now codified as amended in scattered sections of 49 U.S.C.). The New York City Transit Authority ("NYCTA"), a public benefit corporation, functions as a common carrier in the boroughs of New York. In order to provide speedier service between Staten Island and Manhattan, NYCTA rerouted several...

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