Legal Opinion
Norfolk & Western Railway Company v. The Public Utilities Commission of Ohio
Court of Appeals for the Sixth Circuit
Decided April 12, 1991No. 90-3113PublishedCited by 61 opinions
1Opinion of the Court
RYAN, Circuit Judge.
The Public Utilities Commission of Ohio (“PUCO”), appeals the judgment of the district court enjoining it from requiring the Norfolk & Western Railway Company ( the railroad”) to maintain or otherwise provide a walkway upon any of its railroad bridges or trestles.
We are presented with the following issues:
— Whether the district court correctly held that the Federal Railroad Safety Act, 45 U.S.C. § 421, et seq., preempts Ohio Administrative Rule 4901:3-1-05(D); and
— Whether the district court properly exercised jurisdiction in this case.
We find that the district court…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Younger v. HarrisSupreme Court of the United States · 1971
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
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3Cited by61 opinions
- San Jose Silicon Valley Chamber of Commerce Political Action Committee v. City of San JoseCourt of Appeals for the Ninth Circuit · 2008
- Martin Marietta Corporation, Aero & Naval Systems v. Maryland Commission on Human RelationsCourt of Appeals for the Fourth Circuit · 1994
- CSX Trans, Inc. v. Williams, Anthony A.Court of Appeals for the D.C. Circuit · 2005
- Frederick W. Tyrrell v. Norfolk Southern Railway CompanyCourt of Appeals for the Sixth Circuit · 2001
- Bowman v. Norfolk Southern Railway Co.District Court, D. South Carolina · 1993
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