LOCATION: Republic of Cuba
DOCKET NO.: 74-165
DECIDED BY: Burger Court (1972-1975)
CITATION: 419 US 102 (1974)
ARGUED: Oct 23, 1974
DECIDED: Dec 16, 1974
Brockman Adams - for certain United States Representatives, as amici curiae, by special leave of Court
Charles A. Horsky - for Robert W
David Berger - for Penn Central Co
Joseph Auerbach - for Richard Joyce Smith, Trustee, etc
Lloyd N. Cutler - for the United States Railway Assn
Louis A. Craco - for Connecticut General Ins
Robert H. Bork -
Facts of the case
Media for Regional Rail Reorganization Act CasesAudio Transcription for Oral Argument - October 23, 1974 in Regional Rail Reorganization Act Cases
Audio Transcription for Opinion Announcement - December 16, 1974 in Regional Rail Reorganization Act Cases
Warren E. Burger:
The judgment and opinion of the Court in the Regional Rail Reorganization Act Cases, 74-165 and the related cases, will be announced by Mr. Justice Brennan.
William J. Brennan, Jr.:
These are three appeals and a cross-appeal from a judgment of a three-judge District Court for the Eastern District of Pennsylvania that declared unconstitutional the Regional Rail Reorganization Act of 1973 and enjoined its enforcement.
The ground of the decision was that the Rail Act would affect a taking for public use without just compensation of the rail properties of the bankrupt Penn-Central Railroad because the Rail Act precluded a suit against the United States in the Court of Claims under the Tucker Act for a cash award in the amount of any shortfall from the constitutional minimum in the securities provided by the Rail Act to be paid for the rail properties.
We hold that the Rail Act does not preclude a Tucker Act remedy for any shortfall that may occur.
Mr. Justice Douglas dissents and has filed a dissenting opinion on three ground one of which is that the Tucker Act remedy is not available.
Mr. Justice Stewart also dissents and has filed a statement agreeing substantially with Justice Douglas' reasons why the Tucker Act remedy is not available.
Warren E. Burger:
Thank you Mr. Justice Brennan.