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CITY OF NEW YORK v. UNITED STATES DEPT. OF TRANSP.

No. 73 Civ. 2292.

360 F.Supp. 1123 (1973)

CITY OF NEW YORK, Plaintiff, v. The UNITED STATES DEPARTMENT OF TRANSPORTATION et al., Defendants.

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

June 21, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corp. Counsel of the City of New York, New York City, for plaintiff; Stephen P. Kramer, Asst. Corp. Counsel, New York City, of counsel.

Fritz R. Kahn, Gen. Counsel, Arthur J. Cerra, Deputy Gen. Counsel, James F. Tao, Atty., I.C.C., Washington, D. C., for I.C.C.

Paul J. Curran, U. S. Atty., S.D.N.Y., for defendants; Christopher Roosevelt, Daniel Riesel, Asst. U. S. Attys., of counsel.

OPINION

FRANKEL, District Judge.

The crisis of our railroads led the Congress, by a Senate Joint Resolution of February 9, 1973, to require from the Secretary of Transportation a report, within 45 days, providing

"a full and comprehensive plan for the preservation of essential rail facilities in the Northeast section of the Nation, including the President's proposals, if any, regarding Federal financial expenditures for restoration or preservation...

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