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KHEEL v. PORT OF NEW YORK AUTHORITY

No. 71 Civ. 956.

331 F.Supp. 118 (1971)

Theodore W. KHEEL et al., Plaintiffs, v. The PORT OF NEW YORK AUTHORITY et al., Defendants.

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

July 28, 1971.

Attorney(s) appearing for the Case

Battle, Fowler, Stokes & Kheel by Theodore W. Kheel, Raymond F. Gregory, Lewis B. Kaden, Robert Kheel, Joel M. Walker, Richard Adelman, New York City, for plaintiffs.

Sidney Goldstein, Gen. Counsel, The Port of New York Authority, by Joseph Lesser, New York City, for The Port of New York Authority, its Commissioners and Executive Director.

Louis J. Lefkowitz, Atty. Gen., by Daniel M. Cohen, Asst. Atty. Gen., for Nelson A. Rockefeller, Governor of N. Y.

OPINION

TYLER, District Judge.

As local residents, citizens, voters, and taxpayers dependent upon mass transportation facilities, plaintiffs seek a declaration pursuant to 28 U.S.C. § 22011 that a 1962 amendment to The Port of New York Authority Compact,2 which restricts the power of the subject bi-state agency to devote its revenues to nonself-supporting rail facilities, is unconstitutional...

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