NATIONAL R.R. PASSENGER CORP. v. PA. P.U.C.

No. 01-2419.

288 F.3d 519 (2002)

NATIONAL RAILROAD PASSENGER CORPORATION, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION; John M. Quain, Chairman; Robert K. Bloom, Vice Chairman; Nora Mead Brownell, Commissioner; Aaron Wilson, Jr., Commissioner; Terrence J. Fitzpatrick, Commissioner; Norfolk Southern Railway Company; CSX Transportation, Inc.; The Southeastern Pennsylvania Transportation Authority; John K. Leary, General Manager, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed May 1, 2002.


Attorney(s) appearing for the Case

Susan D. Colwell, Elizabeth L. Januzzi (Argued), Pennsylvania Public Utility Commission, Harrisburg, PA, Attorneys for Appellants.

John L. Moore, Jr. (Argued), Piper, Marbury, Rudnick & Wolfe, Washington, DC, and Joseph Kernen, Elizabeth J. Feeney, Piper, Marbury, Rudnick & Wolfe, Philadelphia, PA, Attorneys for Appellee.

Before: NYGAARD and STAPLETON, Circuit Judges, and CAPUTO, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge.

In this appeal we consider whether the District Court properly applied the doctrine of collateral estoppel to preclude the Pennsylvania Public Utility Commission (the "PUC") from relitigating its claim to Eleventh Amendment immunity. Because we find that all requirements for application of collateral estoppel are met and no equitable considerations counsel against its application, we will affirm.

I...

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