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COUNCIL OF COMMUTER ORG'NS v. METROPOLITAN TRANSP.

80 Civ. 6815(MP).

515 F.Supp. 36 (1981)

COUNCIL OF COMMUTER ORGANIZATIONS, et al., Plaintiffs, v. METROPOLITAN TRANSPORTATION AUTHORITY, et al.; J. William Burns, Chairman, Tri-State Regional Planning Commission; Frank T. Johnson, Executive Director, Tri-State Regional Planning Commission, Defendants.

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

June 5, 1981.

Attorney(s) appearing for the Case

William Hoppen, New York City, for plaintiffs.

Wikler, Gottlieb, Taylor & Howard, New York City, by Harry A. Gottlieb, Leonard H. Moche, William F. McCartin, New York City, for defendants.

OPINION

MILTON POLLACK, District Judge.

Defendants Johnson and Burns, sued herein in their official and individual capacities (Cplt. ¶ 3) (they are respectively the Chairman and Executive Director of the Tri-State Regional Planning Commission) (hereafter referred to as defendant Tri-State) move to dismiss the amended complaint under Rules 12(b)(1) and 12(b)(6) Fed. R.Civ.P. Self-evidently the plaintiffs deem that by naming these officials, they have...

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