NATIONAL R.R. PASSENGER CORP. v. CONSOLIDATED RAIL

Nos. 88-7238, 88-7245.

892 F.2d 1066 (1990)

NATIONAL RAILROAD PASSENGER CORPORATION v. CONSOLIDATED RAIL CORPORATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1990.


Attorney(s) appearing for the Case

Laurence Z. Shiekman with whom Thomas E. Zemaitis, Philadelphia, Pa., Gerald P. Norton, and Bruce B. Wilson, Washington, D.C., were on the brief for appellant.

Deanne C. Siemer, Washington, D.C., for appellee. William R. Perlik, Michael L. Burack, Harold R. Henderson, and T. Michael Kerrine, Washington, D.C., were on the brief for appellee.

Before BUCKLEY, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Consolidated Railroad Corporation, or Conrail, operates freight trains in the northeast corridor over rails owned by the National Railroad Passenger Corporation, known as Amtrak, pursuant to an Operating Agreement between the two carriers. On January 4, 1987, a Conrail locomotive collided with an Amtrak train on Amtrak's main...

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