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NORFOLK & WESTERN RY. CO. v. PUB. UTIL. COM'N

Civ. A. No. 83-2.

582 F.Supp. 1552 (1984)

NORFOLK AND WESTERN RAILWAY COMPANY, Plaintiff, v. PUBLIC UTILITIES COMMISSION OF OHIO, et al., Defendants, and The Co-Operative Legislative Committee, Railroad Brotherhoods and Railroad Unions, State of Ohio, Intervenor.

Special Court, Regional Rail Reorganization Act.

Certiorari Denied May 21, 1984.

Attorney(s) appearing for the Case

Jeffrey S. Berlin, Michael J. Wilhelm, Verner, Liipfert, Bernhard & McPherson, Chartered, Washington, D.C. (Mark D. Perreault, Norfolk and Western Ry. Co., Roanoke, Va., of counsel), for plaintiff Norfolk and Western Ry. Co.

Martin J. Marz, Asst. Atty. Gen., Public Utilities Section, Columbus, Ohio (Anthony J. Celebreeze, Jr., Atty. Gen. of Ohio, Robert S. Tongren, Asst. Atty. Gen., Section Chief, Public Utilities Section, Columbus, Ohio, of counsel), for defendants Public Utilities Com'n of Ohio, et al.

Mark Adams, C. Richard Grieser, Grieser, Schafer, Blummenstiel & Slane Company, L.P.A., Columbus, Ohio, for defendant-intervenor Co-Op. Legislative Committee, Railroad Brotherhoods and Railroad Union, State of Ohio.

Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

Certiorari Denied May 21, 1984. See 104 S.Ct. 2400.

MEMORANDUM OPINION

BRYANT, Judge.

This action is before the court on plaintiff Norfolk and Western Railway Company's ("N & W") motion for summary judgment on the grounds of federal preemption. The principle issue in this case is whether § 4999.20 of the Ohio Revised Code ("Section 4999.20") is preempted by § 711 of the Regional Rail Reorganization Act of 1973 ("3R Act"), as amended...

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