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CITY OF COVINGTON, KY. v. CHESAPEAKE & OHIO RY.

Civ. A. No. 88-21.

708 F.Supp. 806 (1989)

CITY OF COVINGTON, KENTUCKY, Plaintiff, v. The CHESAPEAKE & OHIO RAILWAY CO., Defendant.

United States District Court, E.D. Kentucky, Covington Division.

April 3, 1989.

Attorney(s) appearing for the Case

Rita Ferguson, Edmondson, Condit & Calvert, Covington, Ky., for plaintiff.

Gerald Dusing, Adams, Brooking, Stepner, Woltermann & Dusing, Florence, Ky., for defendant.

OPINION AND ORDER

BERTELSMAN, District Judge.

This opinion addresses an action by the City of Covington, Kentucky (hereinafter City) for a declaration of its rights under City Ordinance No. O/R 31-87 (January 12, 1988), enacted pursuant to power delegated to the City by KRS 96.050(6), to regulate the speed of trains within the City limits. The City contends that the speed regulation is not preempted by the Railway Safety Act, 45 U.S.C. § 421 et seq...

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