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NATIONAL R.R. PASSENGER v. PA PUBLIC UTILITY COM'N

Nos. 02-30477, 02-3148.

342 F.3d 242 (2003)

NATIONAL RAILROAD PASSENGER CORPORATION v. PENNSYLVANIA PUBLIC UTILITY COMMISSION; Glen Thomas, Chairman, Pennsylvania Public Utility Commission; Robert K. Bloom, Vice Chairman, Pennsylvania Public Utility Commission; Aaron Wilson, Jr., Commissioner, Pennsylvania Public Utility Commission; Terrence J. Fitzpatrick, Commissioner, Pennsylvania Public Utility Commission, Appellants. Southeastern Pennsylvania Transportation Authority v. Pennsylvania Public Utility Commission, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 27, 2003.

Attorney(s) appearing for the Case

Susan D. Colwell (Argued), Assistant Counsel, Robert J. Longwell, Deputy Chief Counsel, Bohdan R. Pankiw, Chief Counsel, Pennsylvania Public Utility Commission, Harrisburg, PA, for Appellants in No. 02-3047 and Appellant in No. 02-3148.

John L. Moore, Jr. (Argued), Daniel J. Layden, Piper Rudnick, Washington, D.C., for Appellee in No. 02-3047.

David P. Bruton (Argued), Drinker, Biddle & Reath, Philadelphia, PA, for Appellee in No. 02-3148.

Before: SLOVITER, AMBRO, and BECKER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case is one in a long line of disputes between on one side the Pennsylvania Public Utility Commission ("PUC") and on the other side the National Railroad Passenger Corporation ("Amtrak"), and/or in a separate but related dispute the Southeastern Pennsylvania Transportation Authority ("SEPTA"), concerning the PUC's assignment of costs and responsibilities for maintaining and repairing rail-highway...

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