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NATIONAL R.R. PASSENGER CORP. v. STATE OF NEV.

No. CV-N-90-017-ECR.

776 F.Supp. 528 (1991)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. The STATE OF NEVADA, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, and Roland D. Westergard, Director, in his Official Capacity, Division of Environmental Protection, and L.H. Dodgion, Administrator, in his Official Capacity, the County of Washoe, District Health Department, and James Begbie, Acting District Health Officer, in his Official Capacity, and Carl R. Cahill, Director of Environmental Health Services, in his Official Capacity, and Mills Lane, Washoe County District Attorney, in his Official Capacity, Defendants.

United States District Court, D. Nevada.

As Amended December 10, 1991.

Attorney(s) appearing for the Case

Dan C. Bowen of Lionel Sawyer & Collins, Reno, Nev., and Jeffrey Hunter Moon, National Railroad Passenger Ass'n., and T. Michael Kerrine, Washington, D.C., for National Railroad Passenger Corp.

Brian McKay, Atty. Gen. of Nevada by Brian Chally, Deputy Atty. Gen., Div. of Environmental Protection, Carson City, Nev., for State of Nev.

Mills Lane, Dist. Atty., Reno, Nev., for Washoe County Dist. Health Dept., James Begbie, Carl Cahill, Mills Lane.

Lawrence M. Mann, Washington, D.C., and Bill Bradley, Reno, Nev., for Brotherhood of Maintenance of Way Employees.

ORDER DECLARATORY JUDGMENT AND PERMANENT INJUNCTION

EDWARD C. REED, Jr., Chief Judge.

The plaintiff National Railroad Passenger Corporation (hereinafter "Amtrak") filed its complaint (document # 1) on January 17, 1990, requesting declaratory relief and preliminary and permanent injunctions against the State of Nevada, and some of its subdivisions, and against the County of Washoe, and some of its subdivisions. Amtrack alleges that it operates intercity rail...

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