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

No. 90-3106.

929 F.2d 1532 (1991)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff-Appellee, v. STATE OF FLORIDA, Defendant, John Tanner, State Attorney in and for the Seventh Judicial Circuit of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 11, 1991.

Attorney(s) appearing for the Case

Dennis K. Bayer, Asst. State Atty., Daytona Beach, Fla., Arthur C. Wallberg, Asst. Atty. Gen., Tallahassee, Fla., for defendant-appellant.

Robert E. Warren, Taylor, Moseley & Joyner, Jacksonville, Fla., Jeffrey Hunter Moon, Michael T. Kerrine, Washington, D.C., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, Circuit Judge, and HOFFMAN, Senior District Judge.

TJOFLAT, Chief Judge:

This is an appeal from a district court's order enjoining a state criminal prosecution. The controversy began when appellant John Tanner, a Florida State Attorney, filed a criminal information against the appellee, National Railroad Passenger Corporation (Amtrak), in state court, charging it with various acts of commercial littering. Before the trial on the information could begin, Amtrak brought the present suit in the district court, seeking...

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