United States Second Circuit

In passing the Railroad Revitalization and Regulatory Reform Act of 1976, Congress abrogated the states' Eleventh Amendment immunity pursuant to its Fourteenth Amendment equal protection powers.

Appellate Information

• Decided 09/25/2002
• Published 09/25/2002

Judges

• MINER, Circuit Judge., Before MINER and SACK, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephanie R. Marcus, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC (Robert D, McCallum, Jr., Assistant Attorney General, James B. Comey, Jr., United States Attorney for the Southern District of New York, Mark B. Stern, Appellate Staff, Civil Division, U.S. Department of Justice, on the brief), for intervenor the United States.


• For Appellees:
  
• Gregory G. Fletcher, Baker, Donelson, Bearman & Caldwell, Memphis, TN (James N. Blair, Wolfman, Babbit & King, LLP, New York, NY, on the brief, Courtney G. Hyers, Senior Tax Counsel, CSX Corporation, Richmond, VA, of counsel, David J. Bowling, General Tax Counsel, CSX Corporation, Richmond, VA, of counsel), for Plaintiff-Appellee., Daniel J. Chepaitis, Assistant Solicitor General, Office Of the Attorney General of the State of New York, New York, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General of the State of New York, Michael S. Belohlavek, Deputy Solicitor General of the State of New York), for Defendants-Appellants.