Legal Opinion
Hayfield Northern Railroad Company, Inc. v. Chicago and North Western Transportation Company, State of Minnesota, Intervenor/appellant
Court of Appeals for the Eighth Circuit
Decided December 3, 1982No. 82-1880PublishedCited by 3 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
In this case we must decide whether 49 U.S.C. § 10905 (Supp. IV 1980) preempts Minnesota condemnation law when a Minnesota railroad company attempts to condemn the track and right of way of a properly abandoned rail line in order to continue rail service on that line. We conclude that it does.
I
On January 30, 1981, Chicago and North Western Transportation Company (CNW) filed an application for a certificate of abandonment for its railroad line between Oelwein, Iowa, and Randolph, Minnesota. Several shippers from southern Minnesota (Shippers Group) opposed the abandonment…
2Cases cited13 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
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3Cited by3 opinions
- Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
- Mobile & Gulf R. Co. v. CrockerSupreme Court of Alabama · 1984
- In the Matter of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Debtor. Appeal of the State of Wisconsin, Department of TransportationCourt of Appeals for the Seventh Circuit · 1984