Chicago Transit Authority, a Corporation v. Bruce M. Flohr, Deputy Federal Railroad Administrator and Brockman Adams, Secretary of Transportation

KUNZIG, Judge.

This case (of first impression at the appellate level) is before the court on direct appeal from a summary judgment entered by the District Court for the Northern District of Illinois, Eastern Division. In an action for a declaratory judgment brought by the Chicago Transit Authority (CTA, plaintiff-appellant) against the Federal Railroad Administrator and the Secretary of Transportation 1 (defendants-appellees), CTA sought a ruling that it is not a “railroad” and hence not subject to FRA railroad regulations. The district judge decided in favor of FRA, holding that “railroad”…