Norfolk & Western Railway Co. v. Public Service Commission
Special Court under the Regional Rail Reorganization Act
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
WEINER, Judge.
Plaintiffs, Norfolk & Western Railway Company (Norfolk & Western), CSX Transportation, Inc. (CSX), and Consolidated Rail Corporation (Conrail) (collectively the Railroads) have brought this suit against the Public Service Commission (PSC) of West Virginia to enjoin enforcement of a statute enacted by the legislature of the State of West Virginia. Defendant United Transportation Union (UTU) has joined this action as a intervenor on behalf of its rail employee membership. The Railroads assert that the statute is preempted by section 711 of the Regional…
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