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NATIONAL R.R. PASSENGER CORP. v. COMMONWEALTH OF PA. P.U.C.

Nos. 87-1445, 87-1446.

848 F.2d 436 (1988)

NATIONAL RAILROAD PASSENGER CORPORATION v. COMMONWEALTH OF PENNSYLVANIA PUBLIC UTILITY COMMISSION and Township of Tredyffrin. Appeal of TOWNSHIP OF TREDYFFRIN. Appeal of COMMONWEALTH OF PENNSYLVANIA PUBLIC UTILITY COMMISSION.

United States Court of Appeals, Third Circuit.

Decided June 6, 1988.

As Amended June 21, 1988.

Attorney(s) appearing for the Case

William H. Lamb, Lamb, Windle & McErlane, P.C., West Chester, Pa., for Tredyffrin Tp.

John J. Gallagher (argued), Asst. Counsel, John B. Wilson, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, Harrisburg, Pa., for Pennsylvania Public Utility Com'n.

Peter S. Craig (argued), Dennis M. Moore, Christopher M. Klein, Washington, D.C., Harold K. Cohen, National R.R. Passenger Corp., Philadelphia, Pa., for appellee National R.R. Passenger Corp.

Laurence Z. Shiekman, Richard A. Levan, Robert S. Natalini, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Donald A. Brinkworth, John F. Fansmith, Jr., Daniel F. Donovan, of counsel, for amicus curiae Consolidated Rail Corp.

Stephen F.J. Martin, Herbert G. Zahn, Asst. Counsels, Robert H. Raymond, Jr., Asst. Chief Counsel, John L. Heaton, Chief Counsel, Office of Chief Counsel, Dept. of Transp., Com. of Pennsylvania, Harrisburg, Pa., for amicus curiae Com. of Pennsylvania, Dept. of Transp.

Before WEIS, GREENBERG and ALDISERT, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.*

Congress granted Amtrak an exemption from "any taxes or other fees imposed by any State." 45 U.S.C. § 546b. On this appeal, we consider whether that statute covers a special assessment levied by a state agency for the construction of railroad grade crossing improvements. The district court held the exemption applied and entered summary judgment sustaining Amtrak's challenge to the...

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