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DELAWARE RIVER PORT AUTHORITY v. TIEMANN

Civ. A. No. 75-1219.

403 F.Supp. 1117 (1975)

DELAWARE RIVER PORT AUTHORITY, Plaintiff, v. Norbert T. TIEMANN, as Administrator, Federal Highway Administration and William T. Coleman, Jr., as Secretary, United States Department of Transportation, Defendants, and City of Philadelphia, Defendant-Intervenor.

United States District Court, D. New Jersey.

November 12, 1975.

Attorney(s) appearing for the Case

Alexander Feinberg, Evoy & Feinberg, Cherry Hill, N. J., Duane, Morris & Heckscher, Philadelphia, Pa., of counsel, by Roland Morris, Philadelphia, Pa., for plaintiff Delaware River Port Authority.

Jonathan L. Goldstein, U. S. Atty., by Frederick W. Klepp, Asst. U. S. Atty., for defendants Norbert T. Tiemann and William T. Coleman, Jr.; Dowell H. Anders, Deputy Chief Counsel, Federal Highway Administration, U. S. Dept. of Transp., of counsel.

Sheldon L. Albert, Sol., City of Philadelphia, by Herbert Smolen, Deputy City Sol., for Intervenor, City of Philadelphia.

OPINION

BROTMAN, District Judge.

This case involves the review of an order setting tolls on bridges owned and operated by the Delaware River Port Authority (hereinafter "Authority" or "DRPA")1 by the Federal Highway Administrator (hereinafter "Administrator").

The Administrator's authority to prescribe tolls derives from Section 503 of the General Bridge Act of 1946, 33 U.S. C. § 526. As originally enacted by Congress...

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