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NATIONAL R.R. PASSENGER v. PENNSYLVANIA PUB. UTIL.

No. CIV. A. 01-302.

159 F.Supp.2d 28 (2001)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION, et al., Defendants.

United States District Court, E.D. Pennsylvania.

May 10, 2001.

Attorney(s) appearing for the Case

Ronald P. Schiller, Elizabeth J. Feeney, Piper, Marbury, Rudnick & Wolfe, Philadelphia, PA, for plaintiff.

Susan D. Colwell, PA Public Utility Comm.-Asst., Harrisburg, PA, for The Pennsylvania Public Utility Commission, John M. Quain, Robert K. Bloom, Vice Chairman, Nora Mead Brownell, Commissioner, Aaron Wilson, Jr., Commissioner and Terrence J. Fitzpatrick, Commissioner.

Craig J. Staudenmaier, Nauman, Smith, Shissler & Hall, Harrisburg, PA, for Norfolk Southern Railway Company and CSX Transportation, Inc.

David P. Bruton, Kevin M. Chu, Drinker Biddle & Reath, LLP, Philadelphia, PA, for Southeastern Pennsylvania Transportation Authority and John K. Leary, Jr., General Manager.

MEMORANDUM

NEWCOMER, Senior District Judge.

Presently before the Court are two Motions to Dismiss filed by two groups of defendants, and the plaintiff's responses to each in the above captioned case. The Court will resolve both Motions in today's decision.

I. BACKGROUND

Plaintiff, the National Railroad Passenger Corporation ("Amtrak"), has filed this action pursuant to 28 U.S.C. § 2201 and § 2202 for declaratory...

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