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CONSOL. RAIL CORP. v. PENNSYLVANIA PUB. UTIL.

Civ. A. No. 80-3147.

536 F.Supp. 653 (1982)

CONSOLIDATED RAIL CORPORATION v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, et al.

United States District Court, E. D. Pennsylvania.

April 14, 1982.

Attorney(s) appearing for the Case

Hermon M. Wells, Henry H. Perritt, Jr., Philadelphia, Pa., Consol. Rail Corp., for plaintiff.

John J. Gallagher, Asst. Counsel, Joseph J. Malatesta, Jr., Chief Counsel, Harrisburg, Pa., Pennsylvania Public Utility Commission, for defendants.

MEMORANDUM

GILES, District Judge.

By statute, Pennsylvania requires locomotives to have speed recorders and indicators. 66 Pa.Cons.Stat. § 2705 (1978).1 Plaintiff railroad, contending that the statute is preempted by federal law, sues the state2 for a declaration that the statute is unconstitutional under the supremacy clause, U.S. Const. art. VI, cl. 2. Before me is plaintiff's motion for summary...

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