BENTON v. CSX TRANSPORTATION, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALONZO BENTON, : : Plaintiff, : CIVIL ACTION v. : : NO. 19-109 CSX TRANSPORTATION, : : Defendant. : MEMORAN DUM TUCKER, J. July 21, 2021 Before the Court is Defendant CSX Transportation’s Motion for Summary Judgment (ECF 29). Upon careful consideration of the Parties’ submissions, and for the reasons outlined below, Defendant’s motion is denied in all respects, as the lack of preemption under the Interstate Commerce Commission Termination Act,

49 U.S.C. §§ 10101, et seq. means that there are material issues of fact…