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BOR. OF RIDGEFIELD v. N.Y. SUSQUEHANNA & WESTERN R.R.

No. 86-5330.

810 F.2d 57 (1987)

BOROUGH OF RIDGEFIELD and the Village of Ridgefield Park, both Municipal Corporations of the State of New Jersey v. NEW YORK SUSQUEHANNA & WESTERN RAILROAD (a/k/a Delaware Otsego System) and Unnamed Trucking Companies. Appeal of BOROUGH OF RIDGEFIELD and the Village of Ridgefield Park.

United States Court of Appeals, Third Circuit.

Decided January 26, 1987.

Attorney(s) appearing for the Case

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

Michael L. Scherby, Andrew T. Fede, Contant, Contant, Schuber, Scherby & Atkins, Hackensack, N.J., for appellant Borough of Ridgefield.

Paul R. DeFilippo, Michael F. Quinn, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for appellee New York Susquehanna & Western R.R.

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

Before SLOVITER and STAPLETON, Circuit Judges and GREEN, District Judge.

Submitted Pursuant To Third Circuit Rule 12(6) November 6, 1986.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

The Borough of Ridgefield and the Village of Ridgefield Park ("the Municipalities") appeal from the dismissal of their complaint against New York Susquehanna & Western Railroad ("NYS & W"). The complaint alleged that NYS & W's butane "transloading" operation violated regulations promulgated under the Hazardous Materials Transportation...

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