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UNION PACIFIC R. v. PUBLIC UTIL. COM'N OF OREGON

Civ. No. 89-04-FR.

723 F.Supp. 526 (1989)

UNION PACIFIC RAILROAD COMPANY, Southern Pacific Transportation Company, and Burlington Northern Railroad, Plaintiffs, v. PUBLIC UTILITY COMMISSION OF OREGON and its members, Honorable Ron Eachus, Honorable Nancy Ryles, Honorable Myron B. Katz; and Dave Frohnmayer, Attorney General of the State of Oregon, Defendants, and Railway Labor Executive Association (RLEA), United Transportation Union (UTU), and Brotherhood of Locomotive Engineers (BLE), Intervenors.

United States District Court, D. Oregon.

September 22, 1989.

Attorney(s) appearing for the Case

Barry L. Groce, Allen, Kilmer, Schrader, Yazbeck & Chenoweth, Portland, Or., for plaintiff Union Pacific R. Co.

O. Meredith Wilson, Jr. and Marvin D. Fjordbeck, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or., for plaintiff Southern Pacific Transp. Co.

Randall B. Kester, James H. Gidley and Donald H. Hansen, Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland, Or., for plaintiff Burlington Northern R.R.

Dave Frohnmayer, Atty. Gen., Paul A. Graham and Michael T. Weirich, Asst. Attys. Gen., Salem, Or., for defendants.

Lawrence M. Mann, Alper & Mann, Washington, D.C., and Monte Bricker, Bricker, Zakovics & Querin, P.C., Portland, Or., for intervenors Ry. Labor Executives' Ass'n.

FRYE, District Judge:

The matter before the court is the motion for summary judgment of plaintiffs, Union Pacific Railroad Company (Union Pacific), Southern Pacific Transportation Company (Southern Pacific), and Burlington Northern Railroad (Burlington Northern) (referred to collectively as "the Railroads").

The Railroads seek a declaration that certain state rules pertaining to the operation of freight trains without cabooses issued by defendants, Public...

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