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CONSOL. RAIL CORP. v. METRO-NORTH COMMUTER R. CO.

Civ. A. No. 83-14.

638 F.Supp. 350 (1986)

CONSOLIDATED RAIL CORPORATION and National Railroad Passenger Corporation, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Metropolitan Transportation Authority, and Connecticut Department of Transportation, Defendants, v. UNITED STATES of America, Counterclaim Defendant.

Special Court, Regional Rail Reorganization Act.

June 18, 1986.

Attorney(s) appearing for the Case

Ralph G. Wellington, Margaret S. Woodruff, Philadelphia, Pa. (Schnader, Harrison, Segal & Lewis, Bruce B. Wilson, Donald A. Brinkworth, Philadelphia, Pa., of counsel), for plaintiff, Consolidated Rail Corp.

Robert M. Lustberg, Walter E. Zullig, Jr., (Steven Polan, Gen. Counsel, Metropolitan Transp. Authority, New York City, of counsel), for defendants, Metropolitan Transp. Authority and Metro-North Commuter R. Co.

Robert R. Prince, Mark S. Shipman, Schatz and Schatz, Ribicoff and Kotkin, Stamford, Conn., for defendant, Connecticut Dept. of Transp.

Richard K. Willard, Acting Asst. Atty. Gen., Michael F. Hertz, Alan E. Kleinburd, Attys., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for counterclaim defendant, U.S.

Before WISDOM, Presiding Judge, and THOMSEN and GASCH, Judges.

WISDOM, Presiding Judge:

This case arises out of § 1136 of the Northeast Rail Service Act of 1981 (NERSA), Pub.L. No. 97-35, 95 Stat. 643, codified at 45 U.S.C. 744a. Our jurisdiction is grounded on § 1152(a)(4) of NERSA. Section 1136 relieved the Consolidated Rail Corporation (Conrail) of its obligation to operate commuter service under §§ 303(b)(2) and 304(e) of the Regional Rail Reorganization Act of 1973 (Rail Act), Pub.L. No. 93-236, 87 Stat...

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