Legal Opinion
Consolidated Rail Corp. v. Pennsylvania Public Utility Commission
District Court, E.D. Pennsylvania
Decided April 14, 1982No. Civ. A. 80-3147PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM
GILES, District Judge.
By statute, Pennsylvania requires locomotives to have speed recorders and indicators. 66 Pa.Cons.Stat. § 2705 (1978). 1 Plaintiff railroad, contending that the statute is preempted by federal law, sues the state 2 for a declaration that the statute is unconstitutional under the supremacy clause, U.S. Const, art. VI, cl. 2. Before me is plaintiffs motion for summary judgment. For the reasons which follow, the motion is granted.
The railroad contends that the state statute conflicts with two federal statutes, the Locomotive Boiler Inspection Act, 45 U.S.C. § 23…
2Cases cited17 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960
- Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
- Swift & Co. v. WickhamSupreme Court of the United States · 1965
- Bibb v. Navajo Freight Lines, Inc.Supreme Court of the United States · 1959
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.Court of Appeals for the Ninth Circuit · 1983
- Missouri Pacific Railroad Company v. Railroad Commission of TexasCourt of Appeals for the Fifth Circuit · 1987
- Kurns v. A.W. Chesterton Inc.Court of Appeals for the Third Circuit · 2010
- In re Miamisburg Train Derailment LitigationOhio Supreme Court · 1994
- General Motors Corp. v. KilgoreSupreme Court of Alabama · 2002
23 more not listed; retrieve them via the Exa API.