Legal Opinion
Civil City of South Bend, Ind. v. Conrail
District Court, N.D. Indiana
Decided February 14, 1995No. 3:95-cv-00029PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MILLER, District Judge.
This cause came before the court on February 10 for final hearing pursuant to Fed. R.Civ.P. 65(b) on the motions for preliminary injunction filed by the plaintiff cities and one of the defendant railroads, and on the cities’ amended complaint for declaratory judgment. At issue are ordinances passed by the two cities prohibiting the sounding of train whistles or horns at specified railroad grade crossings; the railroads contend that the ordinances are preempted by federal law. For the reasons that follow, the court denies both requests for injunctive…
2Cases cited32 opinions
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- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
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