Legal Opinion
CSX Transp., Inc. v. City of Tullahoma, Tenn.
District Court, E.D. Tennessee
Decided February 17, 1988No. Civ. 4-87-47PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
JARVIS, District Judge.
This is an action seeking declaratory relief brought pursuant to 28 U.S.C. § 1831. Plaintiff, CSX Transportation, Inc. (“CSX”), seeks a declaration that Ordinance # 19-35 of the Tullahoma City Code is void as unconstitutional. The municipal ordinance in question limits the speed of trains passing through the City of Tullahoma to 25 m.p.h. Plaintiff contends that this ordinance is preempted by § 205 of the Federal Railroad Safety Act of 1970 (“FRSA”), 45 U.S.C. § 434, and therefore violates the supremacy clause of the United States Constitution, Article…
2Cases cited5 opinions
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Thomas A. Donelon, Charles J. Eagan, Jr. v. New Orleans Terminal Company and Federal Railroad Administration of the Department of TransportationCourt of Appeals for the Fifth Circuit · 1973
- Sisk Ex Rel. Sisk v. National Railroad PassengerDistrict Court, D. Kansas · 1986
- Johnson v. Southern Railway Co.District Court, W.D. North Carolina · 1987
3Cited by8 opinions
- Csx Transportation, Inc. v. City of Plymouth, MichiganCourt of Appeals for the Sixth Circuit · 1996
- In Re the Speed Limit for the Union Pacific Railroad Ex Rel. City of ShakopeeCourt of Appeals of Minnesota · 2000
- Grand Trunk Western Railroad v. City of FentonMichigan Supreme Court · 1992
- Burlington Northern Railroad v. City of ConnellDistrict Court, E.D. Washington · 1993
- CSX Transportation, Inc. v. City of ThorsbyDistrict Court, M.D. Alabama · 1990
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