Co-Operative Legislative Committee v. United States

OPINION

This is a suit to set aside an action of the Federal Railroad Administrator under 49 U.S.C. § 1653(c) and 28 U.S.C. § 2325. The action complained of is embodied in a letter of John E. Rourke to J. A. Katarineic, Esq., dated October 24, 1972, and constitutes a determination that airbrakes need not be used on the northbound “Talbot movement” at the Jones and Laughlin Steel Corporation’s Pittsburgh plant.

The facts involved are sufficiently developed in United States v. Monongahela Connecting R. R. Co., 351 F.Supp. 696, 697-698 (W.D.Pa.1972).

At the argument before the three-judge court on…