Legal Opinion
City of Covington v. Chesapeake & Ohio Railway Co.
District Court, E.D. Kentucky
Decided April 3, 1989No. Civ. A. 88-21PublishedCited by 10 opinions
1Opinion of the Court
OPINION AND ORDER
BERTELSMAN, District Judge.
This opinion addresses an action by the City of Covington, Kentucky (hereinafter City) for a declaration of its rights under City Ordinance No. O/R 31-87 (January 12, 1988), enacted pursuant to power delegated to the City by KRS 96.050(6), to regulate the speed of trains within the City limits. The City contends that the speed regulation is not preempted by the Railway Safety Act, 45 U.S.C. § 421 et seq. (hereinafter FSRA).
This matter is presently before the court on defendant’s motion for summary judgment.
FACTS
In January 1988, the City enacted…
2Cases cited9 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
- Wardair Canada Inc. v. Florida Department of RevenueSupreme Court of the United States · 1986
- California Coastal Commission v. Granite Rock Co.Supreme Court of the United States · 1987
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3Cited by10 opinions
- Csx Transportation, Inc. v. City of Plymouth, MichiganCourt of Appeals for the Sixth Circuit · 1996
- CSX Transportation, Inc. v. City of PlymouthDistrict Court, E.D. Michigan · 2000
- Village of Mundelein v. Wisconsin Central RailroadIllinois Supreme Court · 2008
- Grand Trunk Western Railroad v. City of FentonMichigan Supreme Court · 1992
- CSX Transportation, Inc. v. City of ThorsbyDistrict Court, M.D. Alabama · 1990
5 more not listed; retrieve them via the Exa API.