Legal Opinion
National Railroad Passenger Corp. v. City of New York
District Court, S.D. New York
Decided October 4, 1988No. 85 Civ. 9680 (WCC)PublishedCited by 6 opinions
1Opinion of the Court
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 in 1902 and 1907. The parties have cross-moved for summary judgment. For the reasons set forth below, judgment is granted in favor of the…
2Cases cited25 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- United States v. County of AlleghenySupreme Court of the United States · 1944
- Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
- National Railroad Passenger Corp. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1985
- National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
20 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Philadelphia v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1996
- National Railroad Passenger Corporation v. The City of New YorkCourt of Appeals for the Second Circuit · 1989
- Resolution Trust Corp. v. LanzaroSupreme Court of New Jersey · 1995
- New York State Department of Environmental Conservation v. United States Department of EnergyDistrict Court, N.D. New York · 1991
- Parkesburg Borough v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1996
1 more not listed; retrieve them via the Exa API.