Legal Opinion
Duluth, Winnipeg, & Pacific Railway Co. v. City of Orr
Court of Appeals for the Eighth Circuit
Decided June 20, 2008No. 07-2689PublishedCited by 28 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
The Duluth, Winnipeg & Pacific Railway Company (railway) brought this action seeking a declaratory judgment that the Federal Railway Safety Act preempts a state law limiting the speed of trains passing through Orr, Minnesota. Both, sides moved for summary judgment, and the district court concluded that the special law fell within the savings clause of the federal preemption statute. The railway appeals from the adverse judgment. We reverse.
Congress passed the Federal Railway Safety Act (the Act) in 1970 to “promote safety in every area of rail operations,” 49 U.S.C. §…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- CSX Trans, Inc. v. Williams, Anthony A.Court of Appeals for the D.C. Circuit · 2005
- SANDRA J. ERENBERG, — v. METHODIST HOSPITAL, —Court of Appeals for the Eighth Circuit · 2004
- Norfolk & Western Railway Company v. The Public Utilities Commission of OhioCourt of Appeals for the Sixth Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kevin Cowden v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2012
- CSX Transportation, Inc. v. PittsCourt of Appeals of Maryland · 2013
- Grade v. BNSF Railway Co.Court of Appeals for the Eighth Circuit · 2012
- United Transportation Union, Pennsylvania State Legislative Board v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2013
- Sanimax USA, LLC v. City of South St. PaulCourt of Appeals for the Eighth Circuit · 2024
23 more not listed; retrieve them via the Exa API.