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CSX TRANSP., INC. v. CITY OF TULLAHOMA, TENN.

No. Civ. 4-87-47.

705 F.Supp. 385 (1988)

CSX TRANSPORTATION, INC., Plaintiff, v. CITY OF TULLAHOMA, TENNESSEE, Defendant.

United States District Court, E.D. Tennessee, Winchester Division.

February 17, 1988.

Attorney(s) appearing for the Case

Gareth S. Aden, Harris, Robinson & Aden, Nashville, Tenn., Sally J. Kircher, CSX Transp., Inc., Jacksonville, Fla., and Earl R. Layman, Knoxville, Tenn., for plaintiff.

Steve Worsham, Tullahoma, Tenn., for defendant.

MEMORANDUM OPINION

JARVIS, District Judge.

This is an action seeking declaratory relief brought pursuant to 28 U.S.C. § 1331. Plaintiff, CSX Transportation, Inc. ("CSX"), seeks a declaration that Ordinance # 19-35 of the Tullahoma City Code is void as unconstitutional. The municipal ordinance in question limits the speed of trains passing through the City of Tullahoma to 25 m.p.h. Plaintiff contends that this ordinance is preempted by §...

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