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

No. 09-1569.

590 F.3d 239 (2009)

Richard DEWEESE v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK); Southeastern Pennsylvania Transportation Authority; Commonwealth of Pennsylvania Department of Transportation Southeastern Pennsylvania Transportation Authority, Appellant.

United States Court of Appeals, Third Circuit.

Filed December 22, 2009.

Attorney(s) appearing for the Case

Thomas S. Biemer, [Argued], Matthew A. Foley, Dilworth Paxson, Philadelphia, PA, for Appellant Southeastern Pennsylvania Transportation Authority ("SEPTA").

William G. Ballaine, [Argued], Landman, Corsi, Ballaine & Ford, New York, NY, Paul F.X. Gallagher, Gallagher & Rowan, Philadelphia, PA, for Appellee National Railroad Passenger Corporation.

Before: SCIRICA, Chief Judge, JORDAN and GREENBERG, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

The Southeastern Pennsylvania Transportation Authority ("SEPTA") appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to the National Railroad Passenger Corporation ("Amtrak") on its cross-claim against SEPTA. The District Court determined that SEPTA's state-law sovereign immunity defense is preempted by Amtrak's federal enabling statute and...

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