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CSXT, INC. v. MICHIGAN DEPT. OF LABOR

No. L88-144 CA.

703 F.Supp. 44 (1988)

CSXT, INC., Plaintiff, v. MICHIGAN DEPARTMENT OF LABOR and the Michigan Department of Public Health, Defendants.

United States District Court, W.D. Michigan, S.D.

December 21, 1988.

Attorney(s) appearing for the Case

Frasco, Hackett & Mills by Patrick E. Hackett, Carol Hackett-Garagiola, Bloomfield Hills, Mich., CSXT Transp., Inc., Sally J. Kircher, Law Dept., Jacksonville, Fla., for plaintiff.

Frank J. Kelley, Atty. Gen. by Gregory T. Taylor, Asst. Atty. Gen., Labor Div., Lansing, Mich., for defendants.

OPINION

BENJAMIN F. GIBSON, District Judge.

INTRODUCTION

Plaintiff brings this action requesting an injunction restraining defendants from enforcing the Michigan Occupational Safety and Health Act ("MIOSHA") against plaintiff and declaratory judgment that certain provisions of MIOSHA are preempted by federal law. This cause of action originated when an employee of plaintiff CSXT railroad complained to the Michigan Department of Labor ("MDL") that...

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