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NATIONAL R.R. PASSENGER CORP. v. CITY OF NEW YORK

No. 85 Civ. 9680 (WCC).

695 F.Supp. 1570 (1988)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. The CITY OF NEW YORK, Defendant.

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

As Amended October 4, 1988.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (James G. Greilsheimer, Janis Ettinger, William A. Rome, of counsel), Law Department, National R.R. Passenger Corp., Washington, D.C. (Stephen C. Rogers, Peter S. Craig, Dennis M. Moore, of counsel), for plaintiff.

Peter L. Zimroth, Corp. Counsel of the City of New York, New York City (Joseph T. Lauer, Robert Pfeffer, Carole S. Slater, Anthony Semancik, Assts. Corp. Counsel, of Counsel), for defendant.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

Pursuant to 45 U.S.C. § 546b, Amtrak has been immune since October 1, 1981 from paying "any taxes or other fees" to state and local governments. The question presented in this action is whether this statute bars New York City from continuing to collect payments from Amtrak to which the City would otherwise be entitled pursuant to franchise agreements entered into between the City and Amtrak's predecessors...

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