Schuler v. Federal Railroad Administration of United States Department of Transportation

ROBERT J. WARD, District Judge.

Defendant Federal Railroad Administration (“FRA”) moves to dismiss this action pursuant to Rule 12(b)(1) and (6), Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted.

Plaintiff Raymond T. Schuler, Commissioner of Transportation of the State of New York (“Schuler”) challenges orders of the FRA issued in response to a block signal application filed by the Erie Lackawanna Railway Company (“Erie”). Schuler seeks to have these orders declared null and void and to enjoin their enforcement.

Attack upon the complaint is predicated upon the following…