United States Third Circuit
NAT'L R.R. PASSENGER CORP. v. PENNSYLVANIA PUB. UTIL. COMM'N, 02-3047, 02-3148
In an action arising out of defendant's assignment of costs and responsibilities for maintaining rail-highway crossings, the district court did not err in 1) holding defendant is collaterally estopped from claiming Eleventh Amendment sovereign immunity, 2) not dismissing plaintiff's complaint against the Commissioner, 3) not granting the Commonwealth Court's order full faith and credit, and 4) granting relief that fails to meet the requirements of the Declaratory Judgment Act.
Appellate Information
- Argued 06/23/2003
- Decided 08/27/2003
- Published 08/27/2003
Judges
- Before SLOVITER, AMBRO, and BECKER, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Susan D. Colwell (Argued), Assistant Counsel, Robert J. Longwell, Deputy Chief Counsel, Bohdan R. Pankiw, Chief Counsel, Pennsylvania Public Utility Commission, Harrisburg, PA, for Appellants in No. 02-3047 and Appellant in No. 02-3148.
- For Appellees:
- John L. Moore, Jr. (Argued), Daniel J. Layden, Piper Rudnick, Washington, D.C., for Appellee in No. 02-3047., David P. Bruton (Argued), Drinker, Biddle & Reath, Philadelphia, PA, for Appellee in No. 02-3148.