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LEBRON v. NATIONAL R.R. PASSENGER CORP. (AMTRAK)

No. 92 Civ. 9411(PNL).

811 F.Supp. 993 (1993)

Michael A. LEBRON, Plaintiff, v. The NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) and Transportation Displays Incorporated, Defendants.

United States District Court, S.D. New York.

As Amended February 8, 1993.

Attorney(s) appearing for the Case

Center for Constitutional Rights, Georgetown University Law Center, Washington, DC (David D. Cole, of counsel), Weil, Gotshal & Manges, New York City (R. Bruce Rich, Gloria C. Phares, Robin E. Silverman, Bernadette M. McCann Ezring, Jonathan Bloom, of counsel), for plaintiff.

Siff Rosen, P.C., New York City (Mark S. Landman, of counsel), National R.R. Passenger Corp., Washington, DC (Daniela Winkler, Richard G. Slattery, of counsel), for defendant Amtrak.

Kostelanetz Ritholz Tigue & Fink, New York City (Edward M. Spiro and David M. Kohane, of counsel), for defendant Transportation Displays Inc.

OPINION AND ORDER

LEVAL, District Judge.

Findings of Fact and Conclusions of Law

This is a so-called "Bivens" action,1 brought under the First Amendment by an artist, Michael A. Lebron, would-be lessor of a gigantic billboard in New York's Pennsylvania Station. The primary defendant is Amtrak, the National Passenger Railroad Corporation, which, as owner of the billboard, rejected the two-month lease plaintiff...

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