SCHULER v. FEDERAL RAILROAD ADM. OF U. S. DEPT. OF TR.

No. 75 Civ. 2977.

404 F.Supp. 920 (1975)

Raymond T. SCHULER, as Commissioner of Transportation of the State of New York, Plaintiff, v. The FEDERAL RAILROAD ADMINISTRATION OF the UNITED STATES DEPARTMENT OF TRANSPORTATION, Defendant.

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

October 29, 1975.


Attorney(s) appearing for the Case

Darrell W. Harp, Counsel to the Commissioner, New York State Dept. of Transp., Albany, N. Y., for plaintiff; John C. McTiernan, Albany, N. Y., of counsel.

Paul J. Curran, U. S. Atty., New York City, for defendant; John S. Siffert, New York City, of counsel.


ROBERT J. WARD, District Judge.

Defendant Federal Railroad Administration ("FRA") moves to dismiss this action pursuant to Rule 12(b)(1) and (6), Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted.

Plaintiff Raymond T. Schuler, Commissioner of Transportation of the State of New York ("Schuler") challenges orders of the FRA issued in response to a block signal application filed by the Erie Lackawanna...

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