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CITY OF PHILADELPHIA v. CONSOLIDATED RAIL CORP.

Nos. 97-7221 to 97-7223.

222 F.3d 990 (2000)

CITY OF PHILADELPHIA, Appellee, v. CONSOLIDATED RAIL CORPORATION, Appellant. National Railroad Passenger Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2000.

Attorney(s) appearing for the Case

Dennis M. Moore argued the cause for appellant National Railroad Passenger Corporation. With him on the briefs were J. Brian Molloy and John L. Moore, Jr.

Joann Hyle argued the cause for appellant Consolidated Rail Corporation. With her on the briefs were Laurence Z. Shiekman and Stacey A. Mufson. Stephanie L. Kralik entered an appearance.

Kenneth A. Murphy argued the cause for appellee City of Philadelphia. With him on the brief was Gaetan J. Alfano.

Susan D. Colwell argued the cause and filed the brief for appellee Pennsylvania Public Utility Commission. John F. Povilaitis entered an appearance.

Before: SILBERMAN, SENTELLE and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Consolidated Rail Corporation and National Railroad Passenger Corporation appeal from a summary judgment entered against them in favor of the City of Philadelphia and the Pennsylvania Public Utility Commission requiring the railroads to pay for the refurbishment of a highway bridge. Because the question of ownership of the bridge was a matter governed by the state law of Pennsylvania...

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