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NATIONAL R.R. PASSENGER CORP. v. FABER ENTERPRISES

No. 90-2320.

931 F.2d 438 (1991)

NATIONAL RAILROAD PASSENGER CORP., Plaintiff-Appellee, v. FABER ENTERPRISES, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Richard J. Gray, Keith F. Bode, Michael B. Brohman, Barry Sullivan, Elizabeth R. Bacon-Ehlers, Jenner & Block, Chicago, Ill., for plaintiff-appellee.

Joseph A. Spitalli, Raymond F. Simon, Simon & Spitalli, Chicago, Ill., for defendant-appellant.

Before CUMMINGS, POSNER and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

Faber Enterprises subleased property in Chicago's Union Station, operating restaurants, cocktail lounges, arcades and book stores there until April 19, 1989. On that day, the National Railroad Passenger Corp., familiarly known as Amtrak, took possession and control of Faber's leasehold interest by condemnation under power of eminent domain. Section 305(d) of the Rail Passenger Act, 45 U.S.C. § 545(d), authorizes such takings. Amtrak carried...

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